We trust vaccines and immunizations to protect us from preventable diseases. These medical miracles are the backbone of public health, but when they cause injury, the effects can be devastating and even deadly. The Vaccine Act, which came into effect in 1988, established the Vaccine Program, which allows individuals to pursue compensation for their vaccine-related injuries. Vaccine claims can be complicated, however, and an attorney is necessary.
All vaccine claims in America are managed by the Office of Special Masters, which consists of eight special masters, or judges, who rule on these claims. At the Vaccine Injured Petitioners Bar Association, we have years of experience supporting both vaccine injury lawyers and their clients when seeking compensation. Our exceptional legal team, named Super Lawyers Rising Stars and members of the National Trial Lawyers Top 100 Civil Trial Lawyers, is here to help you.
Join a network of experienced vaccine injury attorneys dedicated to collaboration and mentorship. Gain access to CLEs, national conferences, and a growing library of pleadings, motions, and case law. Support your clients with confidence—backed by the resources of the VIP Bar Association.
In order to begin a vaccine claim with the U.S. Court of Federal Claims, a petition must be filed by the injured party. Only one petition can be filed per vaccine administration incident. Every year, around 30,000 cases of adverse reactions to vaccines and immunizations take place in the U.S. The petitioning party must forward their petition, which must include their original signature and a completed cover sheet. The petition must set forth the following:
When filing a vaccine claim in the United States, whether as the injured individual or as their attorney, there are certain steps that you must take. For example, if you are the injured party seeking compensation, you must submit all of your case documents in paper form, and once your case is opened, you may choose to continue sending paper forms, or you can file electronically via email. However, all emailed documents must comply with format and signature requirements.
If you are an attorney, all documents pertaining to the petition, such as the cover sheet or notice of filing, need to be filed as attachments to the petition itself. Do not, under any circumstances, file motions or notices as separate entries in the shell case.
The Office of Special Masters, along with input from the Vaccine Injured Petitioners Bar Association, has compiled guidelines for all those seeking a vaccine claim to assist in the prompt and effective resolution of their submitted petition. These guidelines include information on the initial filing of your claim, how damages are determined, and the possibility of a settlement through the Vaccine Program.
Under United States law, any individual who wishes to file a vaccine petition must serve said petition to the Secretary of Health and Human Services. You can do this electronically if you wish, or via paper form.
Scams happen every day. Every year, around 608 million people are victimized by scams worldwide. When seeking compensation through a vaccine claim, know that the Court of Federal Appeals never calls, emails, or sends letters requesting any kind of money, gift cards, or personal identifying information. Common scams can include identity theft, advance fee scams, and telemarketing fraud.
Under the Vaccine Injury Compensation Modernization Act, COVID-19 vaccine-related injury cases are now heard through the National Vaccine Injury Compensation Program. In the past, these cases were covered by the Countermeasures Injury Compensation Program, but now an attorney can assist you with bringing this kind of claim to the U.S. Court of Federal Appeals.
In accordance with United States law, when you file a vaccine-related injury case, the information, apart from public decisions and judgments, will be restricted to the parties involved in the case. Because of this, any request for a copy of vaccination files must comply with the following requirements:
Vaccine claims can be confusing, and there are several regulations and requirements that must be met. At the VIP Bar Association, we are here to help petitioners and their attorneys alike ensure that their case meets all of these requirements so that they have the highest chance at success. Contact us today for more information on how our team can better support you.
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