You can hire a vaccine injury attorney for free to help you file a claim under the National Vaccine Injury Compensation Program (VICP). The VICP covers claimants’ legal fees separately from medical expenses, lost earnings, and pain and suffering, so claimants’ legal fees are not deducted from their settlements or awards.
For vaccine recipients diagnosed with serious medical conditions linked to their immunizations, hiring an experienced vaccine injury attorney can be an important step in the recovery process. Not only can treatment for vaccine-related injuries and illnesses be costly, but these injuries can lead to lost earnings and long-term pain and suffering as well.
An experienced vaccine injury attorney can help eligible vaccine recipients seek compensation for these losses under the National Vaccine Injury Compensation Program (VICP). The VICP is a federal program that allows eligible vaccine recipients to seek compensation for their losses without suing their healthcare providers or the pharmaceutical companies, and eligible vaccine recipients can hire an attorney to handle their VICP claim for free.
Why Doesn’t It Cost Anything to Hire an Attorney to File a VICP Claim?
The National Vaccine Injury Compensation Program (VICP) covers claimants’ legal fees separately from their compensation awards. As a result, VICP claimants do not have to pay contingency fees. Unlike plaintiffs in traditional personal injury claims—who typically pay legal fees out of their settlement or verdict—VICP claimants do not have to pay anything for their legal representation.
Which Vaccines Are Covered Under the VICP?
The VICP covers all of the vaccines listed on the Vaccine Injury Table. This includes most (but not all) of the vaccines that the U.S. Centers for Disease Control and Prevention (CDC) recommend for routine administration to children and adults:
- Annual flu shot
- Chickenpox vaccines
- Hepatitis A and B vaccines
- HPV vaccines
- Measles, mumps, and rubella (MMR) vaccines
- Meningococcal vaccines
- Pneumococcal vaccines
- Polio vaccines
- Rotavirus vaccines
- Tetanus vaccines
This is an exclusive list. No other vaccines are currently covered under the VICP. As a result, individuals diagnosed with injuries linked to other vaccines will need to consult an attorney about any available alternatives.
Which Vaccine Injuries Are Covered Under the VICP?
Several types of vaccine-related injuries and illnesses are covered under the National Vaccine Injury Compensation Program (VICP). The medical conditions that are covered under the VICP include:
- Acute disseminated encephalomyelitis (ADEM)
- Anaphylaxis
- Bell’s palsy
- Brachial neuritis
- Chronic inflammatory demyelinating polyneuropathy (CIDP)
- Complex regional pain syndrome (CRPS)
- Guillain-Barré syndrome (GBS)
- Idiopathic thrombocytopenic purpura (ITP)
- Shoulder injury related to vaccine administration (SIRVA)
- Transverse myelitis
- Vasovagal syncope
Unlike the list of vaccines above, this list is not exclusive. While these medical conditions collectively account for the vast majority of all VICP claims, vaccine recipients can also seek compensation for other vaccine-related injuries and illnesses when warranted.
How a Vaccine Injury Attorney Can Help
An experienced vaccine injury attorney can help with every aspect of filing a claim with the VICP. This starts with assessing potential claimants’ eligibility:
1. Assessing VICP Eligibility
The VICP has three main eligibility requirements. An experienced vaccine injury attorney can help assess vaccine recipients’ eligibility so they can make informed decisions about their next steps.
2. Documenting and Calculating Injury-Related Losses
VICP claimants must have comprehensive documentation of the losses they are entitled to recover. Individual claimants must also determine how much they are entitled to recover based on their circumstances. An experienced vaccine injury attorney can help with that, too.
3. Filing a VICP Claim
An experienced vaccine injury attorney can also help with taking the steps necessary to file a valid claim under the VICP. This is an essential step, as failing to file a valid claim can result in denial regardless of a claimant’s eligibility.
4. Seeking a Settlement Out of Court
Eligible claimants can seek to settle their VICP claims, and most successful claims are resolved via settlement. An experienced vaccine injury attorney will be familiar with negotiating with the government’s attorneys.
5. Going to the Vaccine Court if Necessary
An experienced vaccine injury attorney will also be familiar with the process of seeking compensation in the Vaccine Court. When vaccine recipients and family members need to take their claims to the Vaccine Court, having experienced legal representation is essential.
FAQs: Hiring an Attorney to File a VICP Claim
When should someone talk to a vaccine injury attorney?
We recommend speaking with a vaccine injury attorney promptly after being diagnosed with a vaccine-related injury or illness. For vaccine recipients who have VICP claims, starting the process promptly can help maximize the chances of securing a favorable result as quickly as possible.
Is it too late to hire an attorney if someone has already filed a VICP claim?
Whether it is too late to hire an attorney at this stage depends on the current status of a vaccine recipient’s claim. If a vaccine recipient’s claim is still pending or was recently denied, it may not be too late to seek legal representation. On the other hand, if the deadline to file an appeal has expired, it may be too late to involve an attorney. In this scenario, vaccine recipients should speak with an attorney to ensure they make informed decisions.
Can vaccine recipients seek compensation under the VICP without an attorney?
Yes, vaccine recipients can seek compensation under the VICP without an attorney if they choose. However, as discussed above, an experienced vaccine injury attorney can help in several important ways, and vaccine recipients can hire an attorney to handle their VICP claim at no cost.
Schedule a Free Consultation with an Experienced Vaccine Injury Attorney
If you have questions about hiring an attorney to file a claim under the National Vaccine Injury Compensation Program (VICP), please get in touch. Call 202-775-9200 or contact us online to schedule a free consultation.