Across the United States, vaccine injuries are all too common and cause damage to your mental, emotional, and physical well-being. Whether you are a vaccine injury victim or are a vaccine injury attorney looking for legal support, it can be helpful to understand the Vaccine Injury Compensation Program and how it relates to these unfortunate circumstances.
The Vaccine Injured Petitioners Bar Association was formed in January of 2010 to provide support amongst members of the Bar and to offer dependable advocacy for the victims of injury from vaccines. Our president has been included in both the New Jersey and Pennsylvania Super Lawyers Rising Stars and is the author of all five editions of The Legal Intelligencer’s Pennsylvania Causes of Action. When you need support in a vaccine injury case, we can help.
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On October 1, 1988, the National Childhood Vaccine Injury Act [1] of 1986 (42 U.S.C. §§ 300aa-1 to 300aa-34) created the National Vaccine Injury Compensation Program (VICP). The VICP was established to ensure that an adequate number of vaccines were produced, that vaccine costs would stabilize, and that an accessible and efficient forum for individuals found to be injured by certain vaccines was established to remedy those injuries. The VICP is a no-fault alternative to the traditional tort system for resolving vaccine injury claims that provides compensation to people found to be injured by certain vaccines. There are three federal government offices that play a role in the VICP: the U.S. Department of Health and Human Services (HHS), the U.S. Department of Justice (DOJ), and the U.S. Court of Federal Claims (the Court that adjudicates the claims).
The National Vaccine Injury Compensation Program is funded by the Vaccine Injury Compensation Trust Fund and it compensates all vaccine-related injuries or deaths for covered vaccines administered after October 1, 1988. The Trust Fund is funded by a $0.75 excise tax on all vaccines that are recommended by the Centers for Disease Control and Prevention for routine administration to children. The excise tax imposed is based on the number of diseases that the vaccine is designed to inoculate against. For example, the measles, mumps and rubella vaccine, which is manufactured and administered to inoculate against all three diseases, is taxed at $2.25 per vaccine. Each influenza vaccine is taxed at $0.75 per dose. This tax is collected by the Department of the Treasury, which also manages the Trust Fund’s investments of the excise tax.
The Vaccine Injury Table is your one stop location to determine which vaccines are covered by the Vaccine Injury Compensation Program. If a vaccine is not contained on the Vaccine Injury Table, then an injury that is allegedly caused by the vaccine is ineligible for compensation in the VICP. Vaccines that are listed on the Vaccine Injury Table are:
The Vaccine Injury Table can be found here: https://www.hrsa.gov/sites/default/files/vaccinecompensation/vaccineinjurytable.pdf)
To be eligible for compensation, cases must be filed within the following periods:
For injury claims: within 3 years after the first symptom or manifestation of onset or of the significant aggravation of the injury; or
For death claims: within 2 years of the death and within 4 years of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted.
The statute of limitations can never be tolled, except for one very limited circumstance. Unfortunately, there is no discovery rule in the VICP to toll the statute of limitations, and there is no minor’s tolling statute.
There are several main players that operate in the VICP. First, the injured party is known as the Petitioner, who is represented by a private attorney who is admitted to the U.S. Court of Federal Claims in Washington, D.C. Most of these attorneys are members of the Vaccine Injured Petitioners (VIP) Bar Association. It is highly recommended to have a VIP Bar Association member handle your vaccine case.
Second, the U.S. Department of Health and Human Services (HHS) is the entity that defends all vaccine-related claims and in the VICP, is more commonly called, the “Respondent.”. HHS is represented by attorneys from the U.S. Department of Justice (DOJ), civil trial division.
Finally, all claims are handled in the United States Court of Federal Claims in Washington, D.C., not in the state civil courts. The Court is composed of eight (8) special masters, who collectively form the Office of Special Masters (OSM). One of the special masters serves as the “chief special master” of the VICP. The special master assigned to the case is responsible for the entire adjudication, both facts and law, of the case. Their website is located here: https://www.uscfc.uscourts.gov/
Every year, around 30,000 cases of vaccine reactions or injuries are reported by members of the public to the Vaccine Adverse Event Reports System (VAERS) database but approximately 85% of these reports are minor or limiting post vaccination symptoms. However, When these victims suffer serious these injuries or reactions, they are entitled to file a petition for compensation. Any individual, of any age, who has received a vaccine covered by the VICP and believes they were injured by a vaccine can petition for compensation. Likewise, a parent, guardian, or legal representative may petition on behalf of children or the deceased.
The process for filing an official petition can be complicated, which is why legal advocacy is a must in these cases. At the Vaccine Injured Petitioners Bar Association, we are here to help both those injured by harmful vaccines and the attorneys who represent them. We are here for you throughout every step of the process, which can include:
If you or your attorney is able to prove a vaccine injury case, the victims will typically be awarded compensation for the harm they have suffered. This compensation can include any or a combination of the following:
A: One of the most common vaccine injuries or reactions includes anaphylaxis, shoulder-related injuries, or even chronic arthritis. These injuries typically occur with vaccines containing the rubella virus, vaccines containing tetanus toxoid, or vaccines that contain measles, mumps, or pertussis. These are all common vaccines, and if you have suffered an injury related to them, you may be entitled to compensation and should reach out to an attorney as soon as possible.
A: If you have suffered a vaccine-related injury, you must file your case with the National Injury Compensation Program through the U.S. Court of Federal Claims in Washington, D.C. No matter if you live in Michigan, Florida, Texas, or California, this court will act as the venue for all National Vaccine Injury Compensation Program cases.
A: There are several federal organizations or entities that have direct roles to play within the Vaccine Injury Compensation Program. These organizations and entities include the U.S. Department of Health and Human Services, which hosts the program and conducts all medical reviews of the petition, along with the U.S. Department of Justice and the U.S. Court of Federal Claims.
A: Absolutely. If you receive the flu vaccine, which is one of the most widely distributed vaccines in America, you are more likely to suffer a related injury than you think. One of the most common injuries related to the flu vaccine is the development of Guillain-Barré Syndrome, or GBS, which is a rare autoimmune and neurological condition that can cause fatigue, muscle weakness, and even paralysis.
If you have suffered a vaccine-related injury or are an attorney representing a client who has, the Vaccine Injured Petitioners Bar Association is here to support you. Contact us today to learn more about our mission and how we can support you.
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