For individuals diagnosed with vaccine-related injuries and illnesses, filing a claim under the National Vaccine Injury Compensation Program (VICP) can be an important step in the recovery process. The VICP provides financial compensation for claimants’ medical expenses, loss of income, and pain and suffering; and, for many individuals, these are costs that they simply cannot endure on their own.
If you have been diagnosed with a vaccine-related injury or illness, should you file a claim under the VICP? Here are some important factors to consider:
1. There are Two Timeframes that Apply to VICP Claims.
When determining your eligibility to file a claim under the VICP, there are two timeframes you need to consider. The first is the amount of time between your immunization and the first onset or manifestation of symptoms of your condition. For vaccine injuries and illnesses listed on the Vaccine Injury Table, your medical records must show that you began experiencing symptoms within the relevant specified timeframe. For example, if you were diagnosed with a shoulder injury related to vaccine administration (SIRVA) following a flu shot, your medical records must show that you began experiencing symptoms within 48 hours of your vaccination.
The second timeframe is the statute of limitations that applies to all National Vaccine Injury Compensation Program Claims. For non-fatal injuries, the VICP’s statute of limitations is three years from the first onset or manifestation of symptoms.
2. Your Injury or Illness Does Not Need to Be Listed on the Vaccine Injury Table.
While seeking compensation for a condition listed on the Vaccine Injury Table involves less steps than seeking compensation for an “off-table” injury or illness, you can still recover compensation if you don’t see your injury or illness listed. Find out what you need to know if your injury or illness is not listed on the Vaccine Injury Table.
3. Filing a Successful Claim Requires a Formal Medical Diagnosis.
In order to recover financial compensation under the VICP, it is not simply enough to say that you have experienced shoulder pain or other symptoms following a vaccination. In order to convince the U.S. Department of Health and Human Services (DHHS) or a Special Master at the Vaccine Court that you are entitled to compensation, you will need medical records that confirm your formal medical diagnosis.
4. The Financial and Non-Financial Costs of Vaccine Injuries Can Be Substantial.
Many types of vaccine-related injuries and illnesses can have lifelong consequences. From ongoing medical treatment to chronic pain and suffering, the financial and non-financial costs of these injuries and illnesses can be substantial. If you have been diagnosed or are experiencing symptoms of a vaccine-related injury or illness, you owe it to yourself to speak with an attorney about your legal rights under the VICP.
Speak with Vaccine Injury Lawyer Leah V. Durant
If you would like help determining if you are eligible for compensation under the National Vaccine Injury Compensation Program (VICP), we encourage you to contact us for a free, no-obligation consultation. To speak with national vaccine injury lawyer Leah V. Durant in confidence, please call 202-775-9200 or request an appointment online today.