The Vaccine Claim Process
Let Our Successful Vaccine Injury Attorney Represent You
If you are attempting to file a vaccine injury claim, it’s imperative
to retain legal services from a vaccine injury attorney who is experienced
and reliable. Although the National Vaccine Injury Compensation Program
(VICP) was established to be a non-adversarial and non-litigious entity,
the filing process presents a wide variety of legal complexities.
Jeffrey S. Pop & Associates, we will pay the cost of litigating your case, including the filing fees,
medical records copying fees, expert physician fees, etc. We are paid
by the Court of Federal Claims at the conclusion of your case, meaning
we will not charge you and we will not take any percentage or contingency
fees from your compensation award.
Our firm has over a 90% success rate, so please don't wait to give
us a call.*
Information You Need to Build Your Case
First, we will ask for a copy of all the relevant medical records (if you
possess copies) and a list of every doctor or hospital where you were
treated for your vaccine injury. We will use this list to collect the
remaining medical documents on file at each location. We then need to
provide a copy of your entire, thorough medical records to the Court.
How to File a Claim with the National Vaccine Injury Compensation Program
Your petition must be filed with the Court of Federal Claims in Washington,
D.C. Once the petition is filed, your case will be assigned to a Special
Master, who is a specialized judge that exclusively administers vaccine
injury claims and decides the outcome of these cases.
Legal Procedures and Trial Expectations
In these cases, the Department of Health and Human Services (HHS) acts
as the defendant and is represented by Department of Justice (DOJ) lawyers
during the entire process. HHS reviews the petition and decides whether
to challenge your claim that the vaccine was responsible for your injury
or to acknowledge that the vaccine was accountable.
If HHS acknowledges that the vaccine caused your injury, then the court
must determine the value of the damages. If an amount cannot be agreed
upon, then a trial (hearing) is conducted before the Special Master. If
HHS doesn’t concede that the vaccine caused your injury, there is
an initial hearing on the subject of whether the vaccine caused your injury.
Usually, the trail is held at the nearest federal courthouse to where
Those who can testify on your behalf include:
- Expert physician(s) hired on your behalf
At the conclusion of the testimonies, the Special Master will decide whether
or not the vaccine caused your injury. If the Special Master decides in
your favor, we will proceed to the issue of damages. If a compromise isn’t
determined with the HHS as to the value of the damages, a second trial
must be conducted to determine the compensation amount.
Cases can take one year to several years, depending on the circumstances
of your case. Compensation includes monetary damages for pain and suffering,
past and future lost wages, past and future medical expenses and attorneys’
fees and costs. While there is no limit of compensation for medical expenses
and lost wages, there is a $250,000 maximum limit for pain and suffering.
Contact us today if you need assistance with a vaccine injury claim. Our successful
team provides customized representation in vaccine injury cases throughout
the United States!
*Success rate does not include the infrequent filing to protect statute
of limitation time limit where cases are not completely investigated.