After being diagnosed with a vaccine injury, hiring an attorney to help you secure just compensation is an important part of the recovery process. When you hire an attorney, one of the first steps he or she will take will be to determine if you are eligible to file a claim under the National Vaccine Injury Compensation Program (VICP). The VICP is a federal program that provides compensation to injured vaccine recipients without requiring proof of fault; and, in addition to providing coverage for medical expenses, lost wages, and pain and suffering, it also pays claimants’ legal fees separately from their compensation awards.
3 Basic Criteria for Filing a Claim Under the VICP
While your attorney can assess your VICP eligibility for you, there are also some preliminary steps you can take in order to determine if you may be eligible to file a claim. There are three basic criteria for filing a claim under the VICP:
Eligible person
Eligible vaccine injury
Meeting the deadline
1. Eligible Person
In order to file a vaccine injury claim under the National Vaccine Injury Compensation Program, you must fall into one of four categories. You may be eligible if:
You received a covered vaccine;
You are the parent or legal guardian of a minor child who received a covered vaccine;
You are the parent or legal guardian of a disabled adult who received a covered vaccine; or,
You are the personal representative of the estate of a loved one who died after receiving a covered vaccine.
Covered vaccines include those that are administered in order to prevent the following viruses and diseases: diphtheria, Haemophilus influenzae type B (Hib), hepatitis A and B, human papillomavirus (HPV), seasonal influenza, measles, mumps, meningococcal, pertussis, pneumococcal, polio, rotavirus, rubella, tetanus, varicella (chickenpox).
2. Eligible Vaccine Injury
If you qualify as an eligible person, then the next question is whether you or your loved one suffered an eligible vaccine injury. An injury is eligible for compensation under the VICP if:
The injury lasts for more than six months from the date of vaccination;
The injury results in inpatient hospitalization and surgical intervention; or,
The injury results in death.
3. Meeting the Deadline
Finally, all National Vaccine Injury Compensation Program Claims are subject to a statute of limitations. The amount of time you have to file a claim depends on whether the injury was fatal, and whether the vaccine or vaccine injury was listed on the Vaccine Injury Table at the time of vaccination:
Non-fatal vaccine injuries: Claim must be filed within three years of the first symptom, manifestation of onset, or significant aggravation of the injury.
Fatal vaccine injuries: Claim must be filed within two years of the date of death and within four years of the first symptom, manifestation of onset, or significant aggravation of the injury.
For vaccines and injuries not listed on the Vaccine Injury Table at the time of vaccination, claims can be filed for up to, “two years from the date of the Table change for injuries or deaths that occurred up to eight years before the Table change.”
Discuss Your Claim with Vaccine Injury Attorney Leah V. Durant
Do you believe that you may be entitled to compensation under the National Vaccine Injury Compensation Program? To discuss your VICP claim with vaccine injury attorney Leah V. Durant, call 202-800-1711 or request a free consultation online now.
Leah Durant Bio
Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.