If you have been diagnosed with a vaccine-related injury, including a Shoulder Injury Related to Vaccine Administration (SIRVA), you may be entitled to recover your medical expenses and certain other losses under the National Vaccine Injury Compensation Program (VICP). Here are 10 key facts about filing a claim under the VICP:
1. The National Vaccine Injury Compensation Program (VICP) is a Federal Initiative Designed to Protect Individuals Diagnosed with Vaccine Injuries.
The VICP is a federal government program that Congress established in 1988 for the sole purpose of making it easier for individuals diagnosed with vaccine injuries to recover financial compensation. Under the VICP, individuals diagnosed with vaccine injuries can collect money from the government instead of filing a lawsuit against the vaccine manufacturer in court.
2. The VICP has Paid More than $3.6 Billion in Compensation for Vaccine Injury Claims.
To date, the VICP has paid $3.66 billion in compensation to 6,152 successful claimants. To put that into perspective that is more than $1 for every vaccine distributed in the United States over the past 10 years.
3. VICP Claims are Subject to a Three-Year Statute of Limitations.
In order to protect your rights under the VICP, you must file your claim within three years of the first onset of symptoms from your vaccine injury.
4. The VICP Covers Vaccine Injuries and Vaccine Illnesses.
While it is common to refer to “vaccine injuries,” the VICP covers both injuries and illnesses resulting from vaccinations. Some of the most-common injuries and illnesses linked to vaccinations include shoulder injuries, GBS, acute disseminated encephalomyelitis (ADEM) and transverse myelitis.
5. The U.S. Department of Justice (DOJ) Represents the Government in VICP Claims.
When you file a claim under the VICP, attorneys from the DOJ represent the government. These attorneys will review your claim, determine whether it is in the government’s best interests to settle (i.e. if you have a clear claim for compensation), and, if necessary, represent the government in court.
6. Most VICP Claimants Hire a Lawyer.
Due to the fact that the DOJ represents the government in VICP claims and the fact that these claims are subject to strict rules and procedures, most VICP claimants hire a lawyer.
7. The VICP Pays Claimants’ Legal Fees Separate from Their Awards of Financial Compensation.
Hiring a lawyer for your VICP claim should involve little or no out-of-pocket cost. The VICP pays claimants’ legal fees; and, unlike traditional personal injury claims, your legal fees are not deducted from your compensation award.
8. The VICP Provides Financial Compensation for Three Categories of Losses.
Categories of losses that are eligible for compensation under the VICP include medical expenses, lost income, and pain and suffering. This includes losses you have incurred to date as well as losses you are expected to incur in the future.
9. Disputed VICP Claims are Decided by a Special Master at the Vaccine Court in Washington D.C.
If your claim goes to trial, the outcome will be determined by a special master at the Vaccine Court in Washington D.C. A special master serves in a role similar to a judge, and has the authority to issue a binding decision under the VICP.
10. Most Successful VICP Claims Settle Before Trial.
While going to trial is a possibility, most successful VICP claims settle. In fact, if you have a strong claim, it may be possible to secure a settlement in much less time than a traditional lawsuit.
Do You have a National Vaccine Injury Compensation Program (VICP) Claim?
If you have been diagnosed with a vaccine injury or illness and would like more information about filing a claim under the VICP, please contact us to schedule a free initial consultation with vaccine lawyer Leah V. Durant. Call (202) 775-9200 nationwide, or send us a message online and we will respond promptly.
Leah Durant Bio
Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and the other attorneys in her firm represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.