Vaccines are generally safe and effective in protecting public health, but in rare cases, individuals may experience adverse reactions. If you or your child has been injured by a vaccine, you may be eligible for compensation through the National Vaccine Injury Compensation Program (VICP). This federal program was created to protect vaccine manufacturers from costly litigation, which could deter the development of new vaccines, while ensuring that individuals harmed by vaccines can receive financial support.
Vaccines Covered by the VICP
The VICP covers a wide range of vaccines, including those for:
- Influenza (flu)
- Measles
- Meningitis
- Diphtheria
- Tetanus
- Hepatitis A and B
- Polio
- Pneumococcal conjugate
- HPV
- Varicella (chickenpox)
- Rotavirus
The list of covered vaccines is regularly updated to include new vaccines as they become available. If you or your child experienced harm from a vaccine on this list, or if you are the personal representative of someone who died from a covered vaccine, you may file a claim for compensation.
Proving Eligibility for Vaccine Injury Compensation
To be eligible for compensation under the VICP, you must prove that the vaccine caused the injury or aggravated a pre-existing condition. The federal government provides a vaccine injury table that links specific vaccines to known side effects and the time frame in which these effects must occur to establish causation.
If the injury or condition is not listed on the table, you may still be able to prove causation with medical documentation and testimony from healthcare providers. Additionally, the injury must meet certain severity criteria: symptoms must persist for at least six months, require hospitalization or surgery, or, in tragic cases, result in death.
Compensation for Vaccine-Related Injuries
If your claim is successful, you may receive compensation for:
- Medical expenses: Both past and future medical costs related to the vaccine injury, including rehabilitation.
- Pain and suffering: Compensation for pain and suffering is capped at $250,000.
- Lost earnings: If the injury caused loss of income, you may be compensated for both past and future lost earnings.
- Attorney fees and court costs: These are covered regardless of whether your claim is successful, as long as the claim was filed in good faith.
In the unfortunate event of a death caused by a vaccine, the victim’s estate may receive up to $250,000, along with attorney fees and court costs.
Filing a Vaccine Injury Claim
To start the claims process, you must file a petition with the U.S. Court of Federal Claims, providing essential details about the vaccine, the injury, and the affected individual. Medical documentation is key in supporting your claim, so be sure to include all relevant records. The Department of Health and Human Services (HHS) and a Department of Justice (DOJ) attorney will review your petition and prepare a report for a special master (a court-appointed legal expert).
The special master will then determine whether compensation is warranted. If you disagree with the outcome, you can appeal the decision through multiple courts, up to the U.S. Supreme Court if necessary.
Although hiring an attorney is not required, legal representation can help ensure your claim is thoroughly prepared and meets all legal requirements. If you win your case, attorney fees are covered by the VICP.
How LawyerUp.AI Can Assist You
LawyerUp.AI uses cutting-edge AI to build the strongest case arguments, then matches you with a top attorney specializing in vaccine injury and medical malpractice. Our platform is designed to maximize your chances of winning the highest possible compensation. By providing personalized case analysis and connecting you with the right lawyer, LawyerUp.AI ensures you get the expert support needed to pursue your claim effectively and get the most money for your case.