If you filed a vaccine injury claim and lost, you are not alone. Over the past 10 years, the U.S. Court of Federal Claims (the “Vaccine Court”) has dismissed thousands of claims under the National Vaccine Injury Compensation Program (VICP). In fact, since Congress established the VICP in 1988, the Vaccine Court has dismissed more claims than it has compensated.

At this point, what are your options? In short, the answer depends on why the Vaccine Court denied your claim for compensation. In this article, vaccine lawyer Leah V. Durant provides an overview of what you need to know.

You Need to Determine Why You Lost Your Claim

First and foremost, you need to figure out why the Vaccine Court denied your claim. If the court denied your claim because you are ineligible to receive compensation under the VICP, then there may be nothing more to do. This could be the case, for example, if:

  • You did not receive a covered vaccine;
  • You were not diagnosed with a covered injury; or,
  • You waited too long to file your claim.

However, other reasons for denial may provide grounds for appeal. For example, if the Special Master presiding over your case incorrectly assessed your eligibility under the VICP, then you may be able to secure compensation by filing an appeal. Likewise, if the Special Master overlooked relevant evidence or improperly prevented you from presenting relevant evidence, this could provide grounds for filing an appeal as well.

Figuring out why the Vaccine Court denied your claim isn’t easy. In order to determine if you have grounds to file an appeal, you will want to engage an experienced vaccine lawyer to review all of the substantive and procedural aspects of your case and make a determination for you.

If You Have Grounds to File an Appeal, You Should Do So Promptly

If you have grounds to file an appeal, then you will want to begin the process promptly. Appealing a vaccine injury claim denial takes time, and there is a lot your lawyer will need to do in order to prepare your appeal.

Initially, your lawyer will need to file an appeal with the Vaccine Court. On appeal, a judge (instead of a Special Master) will review your case and determine whether to:

  • Affirm the Special Master’s decision;
  • Reverse the Special Master’s decision and award compensation; or,
  • Reverse the Special Master’s decision and remand your case for re-hearing.

If the judge reverses the Special Master’s decision and awards compensation, your case will be over. However, if the judge affirms the Special Master’s decision or remands your case for re-hearing, there will be additional work to be done. In any case, if you are entitled to compensation, filing an appeal will be well worth the time and effort involved—and hiring an experienced vaccine lawyer will be your best option to help ensure that you receive the compensation you deserve.

Request a Free Consultation with Vaccine Lawyer Leah V. Durant

Did you lose your vaccine injury claim? If so, we encourage you to contact us promptly for a free consultation. To discuss your case with vaccine lawyer Leah V. Durant in confidence, call 202-775-9200 or request an appointment online now.