Seeking to recover the costs of a vaccine-related injury or illness typically involves filing a claim under the National Vaccine Injury Compensation Program (VICP). While the VICP is a federal government program, it is very different from Medicare, Medicaid, Social Security and the other programs with which most people are familiar. Filing a VICP claim is a complex, multi-step process; and, for this reason, it is strongly in claimants’ best interests to hire an experienced vaccine injury lawyer to represent them.
Fortunately, VICP claimants can hire a vaccine injury lawyer at no cost. As a result, there is no reason not to seek experienced legal representation. Keep reading to learn more about the VICP claim process; and then, if you think you may have a claim, contact us to get started with a free consultation.
What’s Involved in Filing a Claim Under the National Vaccine Injury Compensation Program (VICP)?
What is involved in filing a claim under the National Vaccine Injury Compensation Program? Here is a brief introduction to the 10 major steps in the process:
1. Scheduling a Free Consultation with a Vaccine Injury Lawyer
If you think you may have a claim (or don’t know and want to find out), your first step is to schedule a free consultation with a vaccine injury lawyer. Again, this costs you nothing, and it will significantly improve your chances of securing compensation under the VICP.
2. Assessing Your Eligibility to File a VICP Claim
When you speak with a vaccine injury lawyer, one of your lawyer’s first tasks will be to assess your eligibility to file a VICP claim. There are three general eligibility requirements:
- You must be an eligible person;
- You (or a loved one) must have suffered an eligible vaccine injury; and,
- You must still have time to file a claim.
An experienced vaccine injury lawyer will be able to determine if you meet these eligibility requirements. If you do, then your lawyer will guide you through the next steps in the process.
3. Gathering the Documentation Needed to Prove Your Eligibility
Knowing that you are eligible to file a VICP claim is one thing. Proving that you are eligible to file a claim is another. If you are eligible to file a claim, your lawyer will assist you with gathering the documentation needed to prove your eligibility.
4. Gathering the Documentation Needed to Prove Your Out-of-Pocket Costs
Along with documenting your eligibility, you will also need to document how much you are entitled to recover under the VICP. This starts with documenting your out-of-pocket costs. Under the VICP, eligible claimants are entitled to compensation for their past, present and future medical bills, prescription costs, and other out-of-pocket expenses.
5. Documenting the “Pain and Suffering” Portion of Your VICP Claim
Eligible claimants are entitled to compensation for the non-financial losses resulting from their (or their loved one’s) vaccine injuries as well. While these losses can take many different forms, they are commonly referred to as “pain and suffering.” If you have a VICP claim, you will want to work closely with your lawyer to ensure that he or she has the documentation needed to include these losses in your claim.
6. Filing Your VICP Petition with the Vaccine Court
Once you have a clear understanding of your eligibility and the losses you are entitled to recover, the next step is to file your VICP petition with the U.S. Court of Federal Claims (which is commonly referred to as the “Vaccine Court”). This is a critical step in the process; and, to ensure that your petition meets all applicable legal requirements, you will want to have it prepared by an experienced vaccine injury lawyer.
7. Waiting for a Response from HHS and the DOJ
After you file your petition, you will need to wait for a response from the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ). HHS administers the VICP, while attorneys from the DOJ represent the federal government in legal matters. HHS personnel and DOJ attorneys will prepare a combined report assessing the medical and legal aspects of your claim, and then they will file their report with the Vaccine Court.
8. Negotiating with the DOJ Attorney Assigned to Your Claim (in Most Cases)
At this stage, the next step is usually to negotiate with the DOJ attorney assigned to your claim. The majority of successful VICP claims settle; and, if your petition presents a valid claim for compensation, your case will most likely proceed to settlement negotiations. Your vaccine injury lawyer will negotiate on your behalf—while keeping you informed and seeking your input throughout the process.
9. Making an Informed Decision About Settlement
If a settlement offer is on the table, you will need to make an informed decision about whether to accept the offer or keep fighting for more. This is a critical decision—if you accept a settlement, your claim will be over and you won’t be able to file again. On the other hand, if you reject a settlement offer, the DOJ isn’t required to make another one. Your lawyer will provide advice based on his or her experience and what he or she believes is best for you. But, the decision is ultimately yours.
10. Taking Your VICP Claim to a Hearing if Necessary
If HHS or the DOJ disputes your claim, or if you don’t receive a settlement offer you are willing to accept, then the next step will be to take your case to a hearing. This hearing will take place at the Vaccine Court, and a “special master”—who serves in a role similar to a judge—will render a binding decision. While this decision is binding, it is subject to appeal; and, if necessary, you can continue working with your lawyer to pursue compensation for your (or your loved one’s) vaccine-related injury or illness.
Schedule a Free Consultation with a Vaccine Injury Lawyer Today
Would you like to speak with a lawyer about filing a VICP claim? If so, we invite you to get in touch. Call us at 202-775-9200 or tell us how we can reach you online to schedule a free consultation today.