When you file a vaccine injury claim under the National Vaccine Injury Compensation Program (VICP), your claim has three potential outcomes: (i) the Vaccine Court can award you compensation, (ii) the Vaccine Court can deny your claim, or (iii) you can enter into a settlement with the government.

Settling a VICP Claim is the Best Option in Many Cases

For many claimants, entering into a settlement is the best option. There are a couple of reasons why. First, settling your VICP claim provides certainty. Regardless of how strong your claim may be, there is no guarantee that the Vaccine Court will rule in your favor. While the Vaccine Court should rule in your favor if you establish your right to compensation, taking your claim to court inherently involves an element of uncertainty.

Second, settling your VICP claim is generally the quickest path to a resolution. If you don’t settle your claim, you will need to present your case at a hearing before the Vaccine Court. You will need to wait for your hearing to be scheduled, and once your hearing is over, you will need to wait for the Vaccine Court’s decision. When you enter into a settlement, your lawyer can submit your settlement to the Vaccine Court for approval, and, in most cases, a special master will approve the settlement in a matter of days.

Maximizing Your Chances of Securing a Favorable VICP Settlement

So, how do you obtain a settlement under the VICP?

To be clear, just as there is no guarantee that the Vaccine Court will rule in your favor, there is no guarantee that the government will agree to a desirable settlement. When you file a VICP claim, your claim is reviewed by government attorneys who represent the U.S. Department of Health and Human Services (HHS). These attorneys are tasked with ensuring that the HHS does not compensate invalid or unsupported claims. As a result, in order to obtain a desirable settlement, you must be able to clearly establish your right to compensation under the VICP.

With this in mind, to maximize your chances of securing a favorable VICP settlement, you will need to focus your efforts (or your lawyer will need to focus his or her efforts) on two key areas:

  • Establishing your eligibility for compensation under the VICP; and,
  • Proving how much you deserve to recover for your vaccine injury.

1. Establishing Your Eligibility for Compensation Under the VICP

There are clear rules about who is eligible to receive financial compensation under the VICP. While most CDC-recommended vaccines are covered, there are exceptions, and claimants must meet certain other eligibility criteria as well.

Ultimately, the key to maximizing your chances of securing a favorable settlement under the VICP is being able to thoroughly document your claim. When it comes to establishing your eligibility, this means being able to submit the following:

  • Documentation of Your Eligible Vaccination – To obtain a settlement under the VICP, you will need proof of your vaccination