SUMMARY: If you have suffered a vaccine injury, you may be entitled to compensation under the National Vaccine Injury Compensation Program (VICP). In this article, vaccine attorney Leah Durant provides answers to frequently-asked questions on how to obtain compensation under the Vaccine Injury Compensation Program.
If you have suffered a shoulder injury related to vaccine administration (SIRVA) or some other vaccine-related injury, you may be entitled to compensation under the National Vaccine Injury Compensation Program (VICP). This article provides answers to frequently-asked questions about how to seek compensation under the VICP. For more information, visit our website to read answers to Frequently Asked Questions.
Q: What to Do After Suffering a Vaccine Injury?
A: For individuals who have you suffered an injury caused by a vaccine, it is recommended that they seek treatment from a doctor, and consult with an experienced vaccine injury lawyer to determine whether compensation may be available. To be compensated by the National Vaccine Injury Compensation Program (VICP), individuals must first file a petition with the United States Court of Federal Claims. The petition is a legal document that commences the litigation process before the Court. Although individuals may prepare and file the petition for compensation on their own, it is recommended that they seek the assistance of a qualified vaccine attorney to assist them. Although hiring an attorney is not required, because it is a legal process, many petitioners in vaccine claims hire an attorney to represent them. Reasonable attorneys’ fees are paid for by the Court, so the cost of hiring a qualified vaccine attorney will come at no financial cost to the injured party.
The United States Court of Federal Claims, Office of Special Masters, provides resources for petitioners, including step by step information of how to file and submit a claim for compensation.
Q: How do I Know if I Have a Claim Under the VICP?
A: Petitioners in vaccine claims must first demonstrate that they received a vaccine covered under the VICP. Although some adult vaccines are covered under the National Vaccine Injury Compensation Program, the majority of vaccines the VICP covers are those vaccines routinely recommended and administered to infants and children in the United States.
In order for a vaccine to be covered under the Vaccine Program, the category of vaccine must be both recommended for routine administration to children by the CDC and subject to an excise tax by Federal law.
The Vaccine Injury Table lists injuries and reactions associated with many of the covered vaccinations. If the first onset of symptom of these injuries and/or illnesses occurs within the specified timeframes listed, and the injury meets the definition included in the Vaccine Injury Table, it is presumed that the vaccine caused petitioner’s injury or condition unless another cause is shown.
If an individual’s injury and/or condition is not on the Vaccine Injury Table or if their injury or condition fails to meet requirements listed on the Vaccine Table, petitioner must prove through providing evidence that the injury was caused by the vaccination they received. Some forms of acceptable evidence are expert witness testimony, medical records, or medical opinion.
It should be noted, however, that the Vaccine Injury Table is not exhaustive, and certain illnesses not listed on the Vaccine Injury Table may still be compensated. If you have suffered an unlisted vaccine-related injury (such as a vaccine related shoulder injury, or Guillain Barre Syndrome, you may still be entitled to seek compensation under the National Vaccine Injury Compensation Program.
Q: Does the Government Settle VICP Claims?
A: Yes. In fact, few cases filed under the Vaccine Injury Compensation Program, require a full hearing. If the evidence shows that you are entitled to compensation, the government’s attorneys may be willing to offer a fair settlement, obviating the need for a trial, or hearing, altogether.
Speak with Vaccine Injury Lawyer Leah Durant About Your VICP Claim Today
The Law Offices of Leah V. Durant, PLLC provides nationwide legal representation for victims of vaccine-related injuries. If you would like to discuss your vaccine shoulder pain, rotator cuff injury, bursitis, frozen shoulder, Guillain Barre, or any other vaccine related injury with an experienced lawyer, contact our offices to schedule a free case evaluation