Vaccines play a vital role in our nation’s health. Thanks to vaccines, we’ve banished many diseases that used to sicken and kill citizens by the thousands. Though vaccines are a life-saving technology, they may cause injury in certain individuals. For the most part, however, vaccines are a safe and effective way to prevent disease, and complications are rare.
Even when a patient does experience a complication, these are generally minor. Unfortunately, a small minority of patients may become sick or experience a serious side effect as the result of a vaccine. When this happens, victims and their families may have options for legal recourse under complex federal law. If you believe you or a member of your family is suffering after a vaccine, consult with an experienced Minneapolis injury attorney about the implications of this injury.
In the 1980s, there were a number of expensive lawsuits pending against companies for their vaccinations. As a result, pharmaceutical companies lacked incentive to develop new life-saving technology. Additionally, people who had been hurt by some childhood vaccines spent much of their time and money on litigation through a complex court system.
In 1986, Congress created the National Vaccine Injury Compensation Program (NVICP). Its inception had several aims:
The NVICP offers an efficient way for families of children to collect compensation in the extremely rare occasion that a vaccine causes injury.
To receive compensation from the NVICP, you must file a claim with the U.S. Court of Federal Claims. Once received, a special lawyer hears the case. If they believe the case falls within the guidelines set forth by the NVICP, the lawyer will order compensation from the Vaccine Trust Fund.
You may only file a claim if you meet certain eligibility guidelines. First, the law only considers the following as covered vaccines:
And third, your injury claim must be listed on what’s referred to as the “vaccine injury table.” This is a list the NVICP compiles that provides explanations for conditions that may be caused by vaccines, along with a timetable when these injuries might occur. If your claim lists the first symptom of the injury within the correct time period, you may qualify for compensation. The table changes with new scientific evidence.
If the symptoms listed on your claim do not appear on the table, you still may be able to receive compensation. This may require extra testimony from medical professionals.
A medical professional must label a vaccine injury as “severe.” Under the NVICP program, you must experience symptoms for at least six months, have endured a hospital stay or surgery, or act on behalf of a loved one who died as a result.
The NVICP system, though streamlined, requires a powerful legal advocate. We can help you navigate the process and attempt compensation for your vaccine injury. If you believe your or a loved one’s injury was due to a childhood vaccination, contact us for a free case evaluation. We’ll help you decide on your next best steps.
The statute of limitations for vaccine injury cases in vaccine court is very small. 3 years after the initial injury and 2 years after a wrongful death. The statute begins to run upon the first symptom or date of death. Do not wait to hire an attorney or bring a claim. The first symptom often occurs on the date of the vaccination, even though those who are injured believe it occurs later. To be safe, file the claim within 3 years of the vaccination itself.
Every vaccine case is unique, and everything from the attorney assigned to your case to the nature of your injury can affect the steps you should take to resolve your claim. The vaccine court process can be complex, and riddled with pitfalls and difficulties. If you’ve been injured by a vaccine, we recommend that you seek immediate medical attention and follow your doctor’s advice. It’s also advisable to hire an attorney as soon as possible, who will be able to walk you through the vaccine court process quickly and efficiently.
It does not cost you anything to hire a vaccine attorney. A vaccine attorney works for you for free, once they take your case. The U.S. government pays the attorney fees for you. If you receive a settlement in vaccine court, you receive the full amount, without paying any attorney fees from it, and it is tax free. Later, after the case is over, the government makes payment to the vaccine attorney based upon what they feel is fair for the case. There is no reason not to hire a vaccine attorney to assist you with your claim.
Compensation is supposed to try and put you back to where you would be if you had never suffered the vaccine injury. Compensation is based on your personal losses, including past and future medical bills, past and future lost wages, future rehabilitative needs, and pain and suffering. Pain and suffering is limited to $250,000 in vaccine court. An experienced vaccine attorney will work hard to calculate all of your losses, so that you can obtain full compensation.
The claims process can be complicated, and it’s possible that an unrepresented individuals’ claim may be denied simply because they failed to follow the necessary steps to secure financial compensation. Hiring an experienced vaccine attorney is highly advisable so you can maximize your chances of obtaining the compensation you deserve.