The U.S. Department of Health and Human Services established the National Vaccine Injury Compensation Program, or VICP, in 1988 in accordance with the National Childhood Vaccine Injury Act. The federal legislation authorized formation of the Office of Special Masters of the U.S. Court of Federal Claims, better known as Vaccine Court. The court hears injury claims filed by families and individuals who may have been harmed by eligible childhood vaccines.
The VICP was deemed necessary due to a rising number of injury complaints involving the pertussis portion of the DPT childhood vaccine. Congress intervened in response to an alarming number of jury awards against suspect vaccine products and a dwindling supply of vaccine manufacturers. When the last remaining major childhood vaccine producer threatened to cease production, concerned legislators decided to increase federal jurisdiction and create the Vaccine Court.
The VICP imposes a no-fault process to resolve vaccine related injury claims. The VICP program receives funding from a special excise tax on the purchase of specified childhood vaccination products. Financial compensation may be awarded to victims for any of the following purposes:
- Medical expenses
- Loss of future earnings
- Legal expenses
- A maximum of $250,000 for pain and suffering
- A maximum death benefit of $250,000
Successful claimants must demonstrate that they have suffered an injury from an eligible vaccine injury within the prescribed period of time specified under federal law or otherwise prove a causal connection between the vaccine and an injury. The court has adopted preponderance-of-evidence as the official burden of proof, the customary standard of proof in civil proceedings. Under certain conditions, even unsuccessful claimants may be eligible to receive compensation for legal expenses. There are also rare instances when a denied claim can be litigated in a civil court.
The no-fault vaccine injury system administered by The U.S. Department of Health and Human Services does not typically allow injury claims to be litigated in federal or state courts. The claims must be heard in the U.S. Court of Federal Claims without a jury. The National Vaccine Injury Compensation Program was adopted by the U.S. Congress to address a threat to the national childhood vaccine supply. The legislation was initially designed to address a scare concerning the DPT vaccine in the 1980’s.
Though public health officials dismissed claims that the DPT vaccination caused serious side effects, a substantial number of vaccine injury plaintiffs received large jury awards from sympathetic civil court juries. Many DPT vaccine producers ultimately decided to cease production of the DPT childhood vaccine in order to minimize risk exposure. Federal health officials not only denied that there was any evidence to support claims that there was a connection between childhood vaccines and autism spectrum disorders, they advised congress that herd immunity could be lost if childhood vaccines were unavailable to the general public.
Vaccine Injury Compensation
An experienced vaccine compensation law firm can help individuals and families recover financial damages for injuries caused by vaccines. Although millions of children and adults throughout the world are vaccinated against dangerous illnesses without incident, vaccines sometimes cause a severe reaction and debilitating injuries. That’s why Congress established the National Vaccine Injury Compensation Program in 1988. Every vaccine injury victim deserves capable legal representation and appropriate financial compensation.
The Law Offices of Sadaka Associates represents vaccine injury victims throughout the United States. We help victims and families obtain financial compensation from the NVICP. Moreover, we provide legal representation to vaccine injury clients at no cost. You will receive 100 percent of any compensation awarded by the VICP program.
The United States Court of Federal Claims pays vaccine injury lawyers separately and directly once the case has been resolved. Please call the vaccine hotline and the Law Offices of Sadaka Associates at 1-800-810-3457 for a free case evaluation and professional legal representation.
GET HELP NOW!
You Only Have Three Years To File Your Claim
The first step in helping yourself or a loved one after a serious vaccine related injury is to contact us for a free review of your case.