The National Vaccine Injury Compensation Program (VICP) currently has more than $2 billion available to compensate individuals who have suffered vaccine-related injuries – and it has already distributed nearly $3 billion in compensation. If you have suffered a vaccine-related injury, here are five things you need to know about filing a claim under the VICP.
1. Vaccine Claims Involve Special Procedures and a Special Court in Washington D.C.
Vaccine injury claims are not like any other injury-related claim for compensation. There are special rules, timelines, and special procedures that petitioners must follow in order to file a successful claim. Seeking compensation under the VICP involves filing a “Petition for Compensation” in the U.S. Court of Federal Claims (also known as the “Vaccine Court”). The U.S. Department of Health and Human Services (DHHS) is responsible for overseeing the VICP, and will respond to your Petition for Compensation with legal representation from attorneys at the U.S. Department of Justice.
2. You May Not Need to Prove That Your Vaccine Caused Your Injury
If your injury is listed on the Vaccine Injury Table, so long as you can establish that you suffered an injury within the allotted timeframe, you will generally be eligible for compensation under the VICP. You are not required to prove that an ingredient in the vaccine or an error during vaccine administration led to your condition. This is a significant benefit as compared to traditional tort-based personal injury claims.
If your injury is not listed on the Vaccine Injury Table, you may still seek compensation under the VICP. Although additional steps may be required.
3. The VICP Will Pay Your Attorneys’ Fees Separately From Your Compensation Award
The VICP pays petitioners’ legal fees and costs regardless of the outcome of their claim. As a result, at the Law Offices of Leah V. Durant, PLLC, we do not ask our VICP clients for any form of payment. Since the VICP pays your legal fees separately from your award of compensation, our representation comes at no financial cost to you.
4. There are Strict Time Limits for Filing VICP Claims
As mentioned above, special rules are adhered to when filing a claim for vaccine injury compensation. These include statutes of limitations that are unique to VICP claims. For a vaccine injury, the petitioner must file his or her claim within three years of the first symptom or manifestation of the injury. For a death claim, the petitioner must file within two years of the date of death and within four years of the first symptom or manifestation.
5. Most VICP Claims Settle Before Trial
While it is possible for VICP claims to go to trial, most claims are resolved by settlement. At the Law Offices of Leah V. Durant, PLLC, we have secured numerous settlements for our clients, in many cases within just months of filing their claims. Some examples of our recent settlements can be found by accessing the links below.
Contact Us About Your Vaccine Injury
If you or a loved one has suffered a vaccine-related injury, you may be entitled to financial compensation under the National Vaccine Injury Compensation Program. To learn more about your rights and to inquire about no-fee legal representation from our experienced vaccine attorney, please call (202) 800-1711 or contact us online today.