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Monday, January 25, 2021

Can You Appeal a VICP Claim Denial?

Each year, approximately 20 percent of all claims filed under the National Vaccine Injury Compensation Program (VICP) are denied. Claims can be denied for various reasons, from failing to submit adequate evidence to waiting too long to file. Depending on the reason why a claim is denied, it may be possible to file an appeal. In this article, vaccine lawyer Leah V. Durant explains the appeals process for VICP claims, and discusses what you should do if your VICP claim has been denied.

An Overview of the Appeals Process for VICP Claims

Claims filed under the National Vaccine Injury Compensation Program are decided by Special Masters at the U.S. Court of Federal Claims (also known as the Vaccine Court). If a Special Master decides that you are not eligible for compensation under the VICP, then your next option is to file an appeal.

There are three stages in the appeals process for VICP claims. The first stage involves having your claim reviewed by a judge on the Vaccine Court. This judge can either: (i) affirm the Special Master’s decision, (ii) reverse the Special Master’s decision and award compensation, or (iii) reverse the Special Master’s decision and remand the case for re-hearing.

If the Vaccine Court affirms your denial of compensation, you can then appeal this decision to the U.S. Court of Appeals for the Federal Circuit (CAFC). The CAFC will review the grounds for your denial, and it can either affirm, reverse, or reverse and remand. If the CAFC reverses and remands, then your case will go back to the judge at the Vaccine Court, not the Special Master who originally denied your claim.

The final stage in the appeals process is to ask for review by the U.S. Supreme Court. It is rare for the Supreme Court to review claims under the VICP, and the Supreme Court only reviews cases that involve novel legal issues with implications beyond the claim at hand.

Considerations for Appealing a VICP Claim Denial

If you filed a claim under the National Vaccine Injury Compensation Program (VICP) and your claim was denied, you should consult with a lawyer about filing an appeal. While there are several potential grounds for filing an appeal, you will need to work with a lawyer to determine what grounds (if any) are available given the circumstances involved with your claim. If you have grounds to file an appeal, it will be important to get started promptly, as there are strict deadlines for appealing VICP denials in federal court.

Contact National Vaccine Lawyer Leah V. Durant

Leah V. Durant is a national vaccine lawyer who has been representing individuals and families in VICP claims for more than a decade. If you have questions about seeking compensation for a vaccine injury, or if you need help with your claim, we encourage you to contact us for a free initial consultation. To schedule an appointment with Leah Durant, call 202-800-1711 or tell us about your claim online today.

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.


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