People injured by certain vaccines can petition the federal government for compensation. Injured people may file petitions on their own or with the help of a lawyer. So far, the National Vaccine Injury Compensation Program has paid about $106.5 million for 283 claims in 2018, according to a March 30, 2018 report.
If you or a loved one developed a shoulder injury or an autoimmune disorder after a vaccination, you may be eligible for compensation.
* Update: As of March 30, 2018, the Vaccine Injury Compensation Program had paid $106.5 million for 283 claims since the beginning of the 2018 fiscal year. Drugwatch’s legal partners are accepting vaccine injury cases.
The government started the National Vaccine Injury Compensation Program (VICP) to compensate people who suffer vaccine injuries or death.
The National Childhood Vaccine Injury Act of 1986 protects vaccine manufacturers from lawsuits. But, people injured by vaccines may file a petition with the VICP for compensation. They can file on their own or with the help of a vaccine injury lawyer.
Unlike typical injury lawsuits against drug manufacturers, people who use attorneys to file a VICP claim do not pay attorney’s fees. The VICP pays the petitioner’s attorney’s fee.
According to a March 30, 2018 report, there have been about 19,277 petitions since the VICP began in 1988. The program has paid out about $3.8 billion in vaccine compensation and settlements.
Under the VICP, people who claim vaccine injury must prove a vaccine caused their injuries. In some cases, even if people cannot prove a vaccine injured them, they may receive a vaccine injury settlement from VICP.
VICP currently covers 17 vaccines. The following table shows the covered illnesses, disabilities, injuries, conditions and deaths for each vaccine. It also shows the time period in which they are to occur for a person to receive compensation.
To receive compensation from VICP, you must file a legal document known as a petition with the U.S. Court of Federal Claims. A petition is usually a few pages long. It lays out the facts of the claim.
Any person who received a VICP-covered vaccine and believes he or she was injured as a result can file a petition, regardless of age.
Parents, legal guardians and legal representatives can file a petition on behalf of infants, children, disabled adults and deceased persons.
You can prepare the petition yourself or hire a lawyer to prepare and file one for you. Most people hire a lawyer because this is a legal process.
By law, lawyers who help people file VICP claims cannot charge the petitioner fees. The VICP pays lawyers directly if they meet basic requirements.
The VICP has injury severity requirements for filing a petition. The injury must last for more than six months and result in inpatient hospitalization, surgical intervention or death.
Officials changed some of the requirements in 2017 to make it easier to obtain compensation in two kinds of cases.
One of those involves people who develop Guillian-Barre syndrome (GBS) between three and 42 days after receiving a flu vaccine. In this case, VICP assumes the vaccine caused GBS. This saves the claimant from having to provide proof of causation.
The other change relates to people who suffer SIRVA. SIRVA stands for Shoulder Injury Related to Vaccine Administration. The program will automatically assume vaccination caused SIRVA if it happened within 48 hours of any covered vaccine.
In general, the statute of limitations to file a claim is three years from the date a person first has symptoms of an injury. For death, it is two years from the date of death.
Requirement changes made in 2017 relaxed the statute of limitations for some people who may not have been able to file previously.
People may file petitions for injuries and vaccinations covered under the VICP if the injury occurred after March 21, 2009.
These petitions must be filed before March 21, 2019, to qualify for the temporarily relaxed deadlines.
This applies to petitions HHS previously rejected or were not filed. If petitions were filed and formally decided under the program, they cannot be filed again.
A payout occurs after the U.S. Department of Health and Human Services and the vaccine court determine a vaccine caused an injury. But petitioners can still receive a vaccine injury settlement if the federal agency and the court do not find a vaccine caused the injury.
More than 80 percent of all compensation the VICP awards is negotiated settlements. In settlements, the U.S. Department of Health and Human Services does not admit the vaccine caused injury.
The person allegedly injured by a vaccine and the U.S. Department of Health and Human Services may decide to settle in order to minimize loss, time and the expense of litigating a case. A settlement may also come out of a desire to resolve a petition quickly.
As of March 30, 2018, VICP has paid about $106.5 million for 283 claims in fiscal year 2018. In 2017, it paid more than $252 million for 706 claims.
|HPV||Neuromyelitis Optica (autoimmune disease)||$11.5 million||12-630V|
|Influenza||Guillain-Barre Syndrome (GBS)||$800,000||13-1018V|
|Hepatitis B||Demyelinating Polyneuropathy||$300,000||13-1018V|
Please seek the advice of a medical professional before making health care decisions.
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