National Vaccine Injury Compensation Program

If you have children odds are you have read about the possible side effects that can come from having them vaccinated. Vaccinations have to be one of the most controversial topics out there. Do you get them or not? What about the side effects? What happens when you or a loved one gets sick from a vaccination?

The Health Resources and Service Administration’s website states that on October 1, 1988, the National Childhood Vaccine Injury Act of 1986 created the National Vaccine Injury Compensation Program (VICP). The VICP was established to ensure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines. The VICP is a no-fault alternative to the traditional tort system for resolving vaccine injury claims that provides compensation to people found to be injured by certain vaccines. The U. S. Court of Federal Claims decides who will be paid.

The Vaccine Injury Table makes it easier for some people to get compensation. The Table lists and explains injuries/conditions that are presumed to be caused by vaccines. It also lists time periods in which the first symptom of these injuries/conditions must occur after receiving the vaccine. If the first symptom of these injuries/conditions occurs within the listed time periods, it is presumed that the vaccine was the cause of the injury or condition unless another cause is found.

For example, if you received the tetanus vaccines and had a severe allergic reaction (anaphylaxis) within 4 hours after receiving the vaccine, then it is presumed that the tetanus vaccine caused the injury if no other cause is found.

But what if your injury or condition is not on the table? The guidelines state that you must prove that the vaccine caused the injury/condition. Such proof must be based on medical records or opinion, which may include expert witness testimony.

A claim must be filed by or on the behalf of the individual thought to be injured by a vaccine covered by the VICP. A claim is started by filing a legal document called a petition that is prepared by you or your lawyer to request compensation under the VICP. Anyone who files a claim is called a petitioner.

For an injury, you may be paid a reasonable amount for past and future non-reimbursable medical, custodial care, and rehabilitation costs, and related expenses (There is no limit on the amount a person with an injury may be paid for these types of expenses. Payments are based on your vaccine injury needs.); up to $250,000 for actual and projected pain and suffering; lost earnings; and/or reasonable lawyers’ fees and other legal costs or legal costs, not fees, of petitioners representing themselves, if your claim was filed on a reasonable basis and in good faith.

For a death, you may be paid up to $250,000 as a death benefit for the estate of the deceased; and reasonable lawyers’ fees and other legal costs or legal costs, not fees, of petitioners representing themselves, if your claim was filed on a reasonable basis and in good faith.

Therefore, if you were vaccinated and feel that your injury or condition came from the vaccination, refer to the National Vaccine Injury Compensation Program and the Vaccine Injury Table. You may be qualified to file a claim and could also be eligible for compensation.