From shoulder injuries related to vaccine administration (SIRVA) to Guillain-Barré Syndrome (GBS), vaccine-related diagnoses can have serious consequences for vaccine recipients and their families. As a result, it is important for vaccine recipients to seek compensation when eligible. Seeking compensation involves filing a claim under the National Vaccine Injury Compensation Program (VICP), and eligible vaccine recipients can hire a vaccine attorney to handle their VICP claims at no cost.
8 Key Facts About Filing a VICP Claim for a Vaccine-Related Injury or Illness
Here is an overview of what vaccine recipients need to know about filing VICP claims for SIRVA, GBS, and other vaccine-related medical conditions:
1. The Process Starts with a Formal Medical Diagnosis
To seek compensation under the VICP, vaccine recipients must have a formal medical diagnosis. This could be a diagnosis of SIRVA, GBS, or any other vaccine-related medical condition. While the VICP only covers the vaccines listed on the Vaccine Injury Table, it covers all medical diagnoses linked to these immunizations.
2. Vaccine Recipients Can Schedule a Free Consultation with a Vaccine Attorney
Filing a VICP claim is a complex process. As a result, while not legally required, hiring a vaccine attorney is strongly recommended (and, as the U.S. Health Resources & Services Administration notes, “most people hire a lawyer”).
Vaccine recipients can schedule a free consultation with a vaccine attorney in person or by phone. Since the VICP is a federal program, vaccine attorneys can represent vaccine recipients nationwide. As a result, when choosing a vaccine attorney to represent them, vaccine recipients can focus on finding an attorney with extensive VICP experience rather than choosing one based on where they live.
3. Vaccine Attorneys Can Assess Vaccine Recipients’ Eligibility to File a VICP Claim
An attorney who has extensive VICP experience will be able to thoroughly assess vaccine recipients’ eligibility to seek compensation for their diagnoses. It isn’t always easy to assess VICP eligibility, but making an accurate assessment is essential for making informed decisions about vaccine recipients’ next steps. This is one of the first—and most important—ways an experienced vaccine attorney can help.
4. Vaccine Attorneys Can Also Assess the Value of Vaccine Recipients’ VICP Claims
Another way an experienced vaccine attorney can help is by assessing the value of eligible vaccine recipients’ VICP claims. Broadly speaking, the VICP covers the following losses resulting from vaccine-related injuries and illnesses:
- Medical bills
- Other out-of-pocket expenses
- Lost earnings
- Lost future earning capacity
- Pain and suffering (up to $250,000)
The financial and non-financial costs associated with serious vaccine-related diagnoses can be substantial. As a result, it is important for vaccine recipients to make sure they have a clear understanding of how much they are entitled to recover. This is essential for making informed decisions, and it becomes critical later in the process.
5. Filing a VICP Claim Involves Submitting a Petition to the Vaccine Court in Washington, D.C.
Filing a VICP claim involves submitting a petition to the Vaccine Court in Washington, D.C. A VICP petition is a formal legal document that must meet strict substantive and technical requirements. If a petition does not meet these requirements, the Vaccine Court may have no choice but to reject it.
Vaccine recipients who hire an attorney to represent them can rely on their attorneys to prepare and submit their petitions on their behalf. Since the VICP pays claimants’ legal fees separately from their compensation awards, vaccine attorneys can provide their services at no cost to their clients.
6. Vaccine Recipients Must Be Able to Prove Their Legal Rights
When filing VICP claims, vaccine recipients must be able to prove their legal rights. This involves proving both: (i) their eligibility to file a VICP claim; and (ii) the amount of compensation they are entitled to recover.
This means that filing a VICP claim requires several forms of evidence. From medical records and bills to employment records and witness statements, claimants need various types of documentation to establish their right to compensation under the VICP. Vaccine recipients who hire an attorney can rely on their attorneys to gather the evidence they need as well.
7. Many (But Not All) Successful VICP Claims Settle Without a Hearing
Even though filing a VICP claim involves submitting a petition to the Vaccine Court, this does not necessarily mean that vaccine recipients need to go to court in order to seek compensation under the program. In fact, most successful VICP claims settle without a hearing.
An experienced vaccine attorney will have negotiated dozens (or maybe even hundreds) of settlements under the VICP and will be intimately familiar with the settlement negotiation process. While this does not guarantee that negotiations will be successful, it helps ensure that represented claimants can make sound decisions about accepting any settlement offers on the table.
8. Vaccine Attorneys Can Seek Compensation in the Vaccine Court if Necessary
While most successful VICP claims settle, vaccine recipients have the right to take their claims to court if necessary. Here too, experienced legal representation is essential. Seeking compensation in the Vaccine Court involves presenting evidence during a hearing, countering the government’s defenses, and presenting a compelling case for the compensation that the claimant is seeking.
While this overview provides an introduction to the process of seeking compensation for a vaccine-related diagnosis, every case is unique. As a result, it is critical that vaccine recipients obtain legal advice tailored to their individual circumstances.
Schedule a Free Consultation with a Vaccine Attorney at the Law Offices of Leah V. Durant & Associates
Do you need legal advice about filing a claim under the National Vaccine Injury Compensation Program (VICP)? If so, we invite you to get in touch. To schedule a free consultation with an experienced vaccine attorney at the Law Offices of Leah V. Durant & Associates, please call 202-775-9200 or contact us online today.