In 1986 Congress created the National Vaccine Injury Compensation Program (NVICP) to award compensation to victims of vaccine injury. Vaccine injury claims are filed in the United States Court of Federal Claims in Washington, DC where it will be heard by a special master. A lawyer from the Department of Justice, who represents the Secretary of Health and Human Services, will defend the case.
The Vaccine Injury Compensation Program Process
Step 1. Determining EntitlementThe first step in the VICP is the process of determining whether or not the injured person (claimant) is entitled to compensation.
Step 2. DamagesOnce entitlement is established the next step is determining the amount of damages. Damages can include compensation for past and future medical expenses, lost wages, and pain and suffering.
Causation can be established by answering “yes” to the following two questions:
- Can the vaccine cause the type of injury that is being claimed? If yes, move onto question 2.
- Did the vaccine cause the cause the claimants injury in this specific case? If yes, then you have established causation and likely entitlement.
Key features of the Vaccine Injury Compensation Program:
- Vaccine injury claims are not like traditional personal injury claims and require a lawyer admitted to the vaccine court in Washington, DC.
- The program pays for your lawyer. Importantly, lawyer’s fees and costs are paid separately out of the same Vaccine Injury Fund from which awards of compensation are paid, so you don’t have to pay your lawyer with your own money and the lawyer’s fees and costs do not come out of the award of compensation for your vaccine injury.
- You only have three years to file your claim.For a vaccine related injury, your claim must be filed within 3 years after the first symptom of the vaccine injury. For a vaccine related death, your claim must be filed within 2 years of the death and 4 years after the start of first symptom of the vaccine-related injury from which the death occurred.
You Only Have Three Years To File Your Claim
Signs & Symptoms Of Vaccine Injury
Click here to review a list of the signs and symptoms of vaccine injury.
Vaccine injury can be often very complicated, painful and lifelong. Injuries compensated by the Vaccine Injury Compensation Program include the following:
- Allergic Reaction/Anaphylaxis
- Autoimmune Disorders
- Blood Clots
- Blood Disorders
- Bowel Injury
- Brain Damage
- Chronic Fatigue
- Nerve Damage
Most vaccines are covered by the program. The Vaccine Injury Compensation Program covers all vaccines recommended by the Centers for Disease Control (CDC). As a result a vast majority of vaccines available on the market are covered by the VICP.
Vaccine injury caused by the following vaccines are covered by the Vaccine Injury Compensation Program:
- Haemophilus influenzae type b (Hib)
- Hepatitis A (HAV) vaccines
- Hepatitis B (HBV) vaccines
- HPV vaccine (Gardasil)
- Influenza (TIV, LAIV)
- Measles, mumps, rubella (MMR)
- Meningococcal (MCV4, MPSV4)
- Pneumococcal conjugate (PCV)
- Polio (OPV or IPV)
- Rotavirus (RV)
- Tenanus (DTaP, Tdap, DTP-Hib, DT)
- Varicella (VZV)