While the National Vaccine Injury Compensation Program (VICP) provides financial recovery for eligible individuals diagnosed with vaccine-related injuries and illnesses, vaccine recipients must avoid mistakes that could jeopardize their claims. Learn about seven important mistakes to avoid from an experienced vaccine injury attorney.
For individuals who have been diagnosed with vaccine-related injuries and illnesses, seeking financial compensation can be an important step toward managing the financial and non-financial consequences of their diagnosis. In this scenario, seeking financial compensation typically involves filing a claim under the National Vaccine Injury Compensation Program (VICP).
The VICP is administered by the federal government, and it pays more than $100 million to eligible claimants every year. But claimants must prove their eligibility—and they must avoid mistakes that could prevent them from recovering available compensation.
What Mistakes Can Compromise a Vaccine Recipient’s Claim Under the VICP?
Several mistakes can jeopardize vaccine recipients’ claims under the National Vaccine Injury Compensation Program (VICP). Here are seven examples of all-too-common mistakes that vaccine recipients should be careful to avoid:
1. Delays in Seeking Treatment
Vaccine recipients who have concerns about a possible vaccine-related injury or illness should seek treatment promptly. Delays in treatment can lead to adverse health consequences and can also harm your VICP claim. If you wait too long to seek treatment, you may not be able to prove the cause of your injury, which could prevent you from seeking financial compensation.
2. Gaps in Treatment—Especially During the First Six Months
Gaps in treatment can also lead to adverse health and legal consequences. This is especially true during the first six months of treatment, which can be vital for vaccine recipients’ long-term recovery. If vaccine recipients have questions or concerns about their doctors’ recommendations, they should not ignore them, but instead seek a second opinion.
3. Ignoring New Symptoms
As vaccine recipients navigate recovery, they should pay close attention to any new symptoms. Shoulder injuries related to vaccine administration (SIRVA) and other vaccine-related medical conditions can have different (or worsening) symptoms over time. New or worsening symptoms may require prompt treatment—and, here too, prompt treatment helps protect vaccine recipients’ VICP claims.
4. Failing to Mention the Vaccine-Related Diagnosis
When seeking treatment during recovery, vaccine recipients should always mention their vaccine-related diagnosis. This is true even if they are seeking treatment for an unrelated condition. This helps ensure that new treatment recommendations do not conflict with existing recommendations.
5. Opting to Self-Treat Instead of Going to the Doctor
Medical records are essential evidence in VICP claims. This is one reason, among many, why vaccine recipients should not self-treat instead of seeing a doctor. Many vaccine-related medical conditions can have serious, long-term consequences, making it vital for vaccine recipients to seek both the treatment they need and the compensation they deserve.
6. Overlooking Financial and Non-Financial Consequences
The consequences of serious vaccine-related medical conditions can be both financial and non-financial—and eligible claimants can seek compensation for both under the VICP. When filing VICP claims, vaccine recipients should ensure they seek all forms of compensation they are entitled to recover.
7. Trying to Navigate the Process Without Help
Because filing a successful VICP claim is complex and important, vaccine recipients should not try to navigate the process on their own. Instead, they should hire an experienced vaccine injury attorney. Under the VICP, vaccine recipients can hire an attorney to represent them at no cost.
FAQs: Filing a Vaccine Injury Claim Under the VICP
How can vaccine recipients determine if they are eligible to file a VICP claim?
If you have questions about filing a VICP claim, schedule a free consultation with an experienced vaccine injury attorney. An attorney familiar with the VICP’s eligibility requirements can provide a comprehensive claim assessment and initiate the claims process if warranted.
How long do vaccine recipients have to file a VICP claim?
Vaccine recipients have three years to file a claim under the National Vaccine Injury Compensation Program (VICP). This is a strict deadline, and waiting too long to file can be a costly mistake.
What compensation is available to eligible vaccine recipients under the VICP?
Under the National Vaccine Injury Compensation Program (VICP), eligible vaccine recipients can seek financial compensation for their medical expenses, lost earnings, and pain and suffering. Crucially, this includes not only losses that eligible vaccine recipients have already incurred, but also losses that they are reasonably expected to incur in the future.
What We Can Do to Help
At Law Offices of Leah V. Durant & Associates, we handle every aspect of the VICP claims process for eligible vaccine recipients nationwide. We work closely with our clients to calculate the losses they are entitled to recover, and we help them avoid mistakes throughout the process. We prioritize settling our clients’ claims whenever possible; and, while most of our clients’ claims settle, we do not hesitate to fight for our clients’ rights in the Vaccine Court when necessary.
Speak with an Experienced Vaccine Injury Attorney in Confidence
Do you have questions about what to do (or what not to do) after being diagnosed with a vaccine-related injury or illness? If so, we can help, and we strongly encourage you to reach out. To speak confidentially with an experienced vaccine injury attorney at Law Offices of Leah V. Durant & Associates as soon as possible, call us at 202-775-9200 or request a free consultation online today.