Understand the Vaccine Claim Process

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.

At 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 attorneys can provide affordable legal advocacy to individuals who have suffered vaccine injuries. Let us go to court for you so that you can focus on recovering.

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What Is a Vaccine Injury?

A vaccine injury refers to physical harm or adverse effects that can occur as a result of receiving a vaccine or due to a reaction following vaccination. Vaccines are designed to stimulate the immune system and provide protection against specific diseases by introducing weakened or inactivated forms of pathogens or their components into the body. While vaccines are generally safe and effective, they can, in rare instances, cause unintended side effects.

What Are Common Vaccine Injury Symptoms?

Vaccine injuries can manifest in various ways and may range from mild to severe. Common examples of mild vaccine reactions include pain, redness, swelling at the injection site, low-grade fever, or temporary fatigue or discomfort. These reactions are generally short-lived and resolve on their own without causing significant harm.

However, in rare cases, individuals may experience more serious adverse events following vaccination. These can include severe allergic reactions (anaphylaxis), neurological complications, autoimmune reactions, or other uncommon side effects. It’s important to note that these severe reactions are extremely rare, and the benefits of vaccination in preventing diseases usually far outweigh the risks.

Who Is Responsible for Vaccine Injury?

When it comes to vaccine injuries, the responsibility for any harm caused is primarily attributed to the individuals or healthcare professionals involved in administering the vaccines and to vaccine manufacturers. They have a duty to follow proper procedures, ensure safe administration, and inform patients about potential risks and side effects.

However, in the United States, there is a specific program called the National Vaccine Injury Compensation Program (VICP) that addresses vaccine-related injuries. The VICP was established in 1986 to provide a no-fault compensation system for individuals who experience adverse effects from vaccines. It serves as a means of addressing the rare instances when vaccines result in significant harm, offering a route for affected individuals to seek compensation.

If someone has been injured by a vaccine and believes it to be the cause of their injury, they can file a claim through the VICP. This program provides an alternative to pursuing traditional legal action against vaccine manufacturers or healthcare providers. Instead, it streamlines the process by allowing The Office of Special Masters of the U.S. Court of Federal Claims also known as the “Vaccine Court” to review claims and compensate the injured if they meet certain criteria.

To navigate the complexities of the VICP and maximize their chances of a successful claim, it is advisable for individuals to seek assistance from an experienced and knowledgeable vaccine injury lawyer. These attorneys specialize in vaccine injury cases and can provide invaluable guidance throughout the legal process. They can help gather evidence, build a strong case, and advocate on behalf of their clients to ensure they receive the compensation they deserve.

It’s important to note that the VICP covers only specific vaccines recommended by the Centers for Disease Control and Prevention (CDC) for routine administration. The program does not cover vaccines that are administered for travel or other non-routine purposes. Additionally, the VICP requires certain criteria to be met to qualify for compensation, including demonstrating a causal relationship between the vaccine and the injury.

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. There are only eight (8) Special Masters who are the Judges. Our firm has experience with each eight.

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 trial is held at the nearest federal courthouse to where you reside.

Those who can testify on your behalf include:

• Yourself
• Family
• Friends
• Doctor(s)
• 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.

*Success rate does not include the infrequent filing to protect statute of limitation time limit where cases are not completely investigated.