While vaccines are crucial to the overall health of the American population, tragically, some people suffer fatal injuries and illnesses as a result of their vaccinations. This is not a problem that can be ignored, and there is no worse result than for a routine vaccination to have such dire consequences.
For families who have lost loved ones due to diagnosed vaccine-related medical conditions such as Guillain-Barre Syndrome (GBS) and Acute Disseminated Encephalomyelitis (ADEM), financial compensation is available through the federal government’s National Vaccine Injury Compensation Program (VICP). Filing a claim under the VICP takes the place of filing a civil lawsuit against a hospital or pharmaceutical company, and securing compensation under the VICP is less expensive and usually much quicker than pursuing a traditional wrongful death claim. In fact, since the VICP pays claimants’ legal fees separately from their awards of compensation, you can hire an experienced vaccine attorney to handle your claim at no financial cost to you.
If you have recently lost a loved one and you believe that his or her death may be attributable to a vaccine-related injury or illness, what do you need to know about filing a claim under the VICP? Here is a brief introduction:
What Families Need to Know about VICP Claims
1. There is a Statute of Limitations for VICP Wrongful Death Claims
In order to secure compensation through the VICP, you must file your claim within two years of the date of death and within four years of the first manifestation of symptoms.
2. You Must File Your Claim in the Name of Your Loved One’s Personal Representative
Under the National Vaccine Injury Compensation Program, wrongful death claims must be filed by the deceased’s personal representative. If your loved one left a will, his or her will most likely designates a personal representative. If not, you will need to ask a court to appoint a personal representative at the start of the probate process.
3. You Will Need Your Loved One’s Medical Records
While the VICP is intended to make it easier for individuals and families to recover the costs of vaccine-related injuries, filing a VICP claim is still an adversarial process. If the government’s attorneys and the Vaccine Court are not convinced that your loved one’s death was the result of a vaccination, your family will not receive compensation. As a result, your loved one’s medical records will be critical evidence in support of your claim.
4. Vaccine Injury Claims Take Time
Although VICP claims are usually quicker than traditional wrongful death cases in civil court, you should still expect the process to take some time. While some claims can result in payment in as little as a few months, if you need to present your case to the Vaccine Court, it could take a year or longer.
5. Help is Available
At the Law Offices of Leah V. Durant, PLLC, we exclusively represent individuals and families in VICP claims. We have helped dozens of individuals and families nationwide secure compensation, and we do not charge our clients any fees for our services (as noted above, we are paid separately by the VICP). If you have lost a loved one, we encourage you to contact us for a free consultation, and vaccine attorney Leah V. Durant will be happy to speak with you personally about your family’s rights.
Request a Free Consultation with Vaccine Attorney Leah V. Durant
To request a free consultation with vaccine attorney Leah V. Durant, please call (202) 800-1711 or send us your contact information online. We will make arrangements for you to discuss your family’s VICP claim in confidence as soon as possible.
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 her staff 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.