Vaccine Injuries & Litigation
Vaccine Reactions From Mild to Deadly
For most people, vaccines have been a huge benefit, resulting in many illnesses which were commonplace only decades ago being almost entirely eliminated. However, some people have an adverse reaction to certain vaccines. That reaction may be mild and may go away in days, or in severe cases the reaction can cause serious, permanent handicaps or even death. Even though some people have deadly reactions to vaccines, the government requires that most children be vaccinated in order to enroll in public schools.
Vaccine Injury Compensation Program (VICP)
Many people who are injured by vaccines do not know that they have the legal right to be compensated for those injuries. The federal government operates a program called the Vaccine Injury Compensation Program, or VICP. VICP provides compensation to people that are found to be injured by certain vaccines. The program is funded by the pharmaceutical companies through the sale of the vaccines.
How to File a Vaccine Injury Claim
By law, if you have a claim for vaccine injuries, it must be brought in the U.S. Court of Federal Claims, rather than against your doctor or against the vaccine’s manufacturer directly. The Court of Federal Claims is in Washington, D.C. The cases are defended by federal attorneys working for the Secretary of Health and Human Services.
Vaccine injury cases are heard by a Special Master. The Special Master will decide if the claimant is entitled to compensation, and if so, how much. The decision of the Special Master can be appealed to the Court of Federal Claims, and then to the U.S. Court of Appeals for the Federal Circuit.
Anyone who has received a vaccine that is covered by the VICP and is injured as a result of the vaccination can file a claim with the VICP. Parents or guardians of children or disabled adults who were harmed by vaccines that are covered by the VICP can also file a claim with the VICP. The vaccines that are covered by the VICP include the vaccines for chicken pox, diphtheria, flu, hemophilus influenza type B, hepatitis A and B, human papillomavirus, measles-mumps-rubella, pneumococcal conjugate, polio, and rotavirus.
Compensation for Vaccine Injuries
If the Special Master determines that you were harmed by vaccines, you could receive compensation for your medical expenses (both past and future), pain and suffering (up to $250,000), and lost earnings or lost earning potential. In addition, if a loved one was killed, you could receive an award of up to $250,000.
Time limits do apply to vaccine-injury cases. Normally, a person has three years from the onset of symptoms in which to file a claim for a vaccine-related injury. For a vaccine-related death, the victim has two years in which to file a claim.
Some people are worried about filing a claim because of the expense involved and/or his or her distance from Washington, D.C. where the claims are filed. However, don’t worry about that – the VICP pays for attorney’s fees and costs separately from the compensation award. In addition, normally a trip to Washington, D.C. is not required. Often, the cases are settled without a trial. A trial can occur in your local area or by video if it’s required.
Contact Liberty Law if You Were Harmed by a Vaccine
People get vaccines in order to stay safe from deadly diseases. It can be very tragic for that vaccine, which is taken voluntarily in an attempt to stay healthy, to cause serious injuries or even death. At Liberty Law, Micha Star Liberty believes that if you were harmed by a vaccine, you should pursue compensation to the fullest extent allowed by law. If you were harmed by a vaccine, call Micha Star Liberty, personal injury attorney, of Liberty Law at 510-645-1000 or 415-896-1000. She works hard on behalf of her clients to obtain them compensation from the VICP. She works with clients throughout the United States with vaccine injury claims. Call to learn more.