FAQ: Vaccine Injury Program

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Question: What is The National Vaccine Injury Compensation Program?

A: The National Vaccine Injury Compensation Program (VICP) is a Federal "no-fault" system that is designed to compensate those who have been injured by vaccines. The program covers vaccinations administered in both the private and public sectors. The VICP is a no-fault alternative to the traditional lawsuits used to resolve vaccine injury claims, and provides compensation to those who are found to have been injured by certain vaccines. The U. S. Court of Federal Claims decides who will receive payment. The following three Federal government offices have a role in the VICP:

  • The U.S. Department of Health and Human Services (HHS)
  • The U.S. Department of Justice (DOJ)
  • The U.S. Court of Federal Claims (the Court)

Question: What is the statute of limitations for the VICP?

A: Vaccine injury claims must be filed within three years from the date the symptoms first appeared. When it comes to a vaccine-related death, a claim must be filed within two years of the date of the death and no later than four years from the date of onset of symptoms. If an estate wants to preserve its right to injury compensation, all claims must be filed within three years of the date that symptoms first appeared.

Question: Do I have to pay for attorneys' fees and costs?

A: Under the Vaccine Program, petitioners are never required to pay any attorneys’ fees when filing their claims. Legal fees are not taken from your compensation award and are instead paid for by the United States Court of Federal Claims.

Question: Can I File My Case Locally?

A: Vaccine injury cases cannot be filed at the state or local levels. All vaccine injury claims have to be filed with the United States Court of Federal Claims in Washington, DC. Our experienced attorneys are licensed to practice in the United States Court of Federal Claims and are here to review your case.

Question: What compensation is available under the VICP?

A: Compensation that can be awarded for a vaccine-related injury includes:

  • Payment for future medical care
  • Reimbursement for past expenses related to the vaccine injury
  • Past and future lost earnings
  • Up to $250,000 for pain and suffering and emotional distress
  • $250,000 death benefit

Question: Why was the VICP created?

A: The National Vaccine Injury Compensation Program was created by congress for two reasons:

  • To protect the country’s vaccine supply by reducing lawsuits against manufacturers
  • To compensate people who suffered injuries from vaccinations

Due to the number of injury claims brought against vaccine manufacturers between 1980 and 1986, many pharmaceutical companies stopped producing and distributing vaccines. Since vaccines are such a crucial part of public health initiatives, and because Congress recognized that “[w]hile most. . .enjoy greater benefit from immunization programs, a small but significant number have been gravely injured,” the Vaccine Program was enacted. Injured parties must first file a claim with the Vaccine Program before they can take legal action against a vaccine manufacturer or administrator of vaccines.

Question: What vaccines are covered under the VICP?

A: The following vaccines are covered under The National Vaccine Injury Compensation Program:

  • Diphtheria, pertussis, tetanus (DTaP, Tdap, Td, DTP, DT, TT)
  • Haemophilus influenzae type b (Hib)
  • Hepatitis A (HAV)
  • Hepatitis B (HBV)
  • Seasonal Influenza (Flu) Vaccine
  • Measles-mumps-rubella (MMR, MR, M, R)
  • Meningococcal (conjugate & polysaccharide) (MCV4, MPSV4)
  • Polio (IPV, OPV)
  • Pneumococcal conjugate (PCV)
  • Rotovirus (RV)
  • Varicella (VZV)
  • Human Papillomavirus (HPV)
  • Any combination of the vaccines listed above

If you have been injured by a Vaccine not listed above, you may still be entitled to compensation.

File Your VICP Claim Today

At Wilson Law, P.A. we are committed to helping clients protect their rights by pursuing the compensation that they deserve for their vaccine related injuries. Our experienced legal team can review your case and determine if you qualify for compensation under the VICP. Let us put our skills to work for you.

Call (919) 800-0919 to schedule your free consultation with our North Carolina vaccine injury lawyers.

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