There are two main things you need to prove in order to secure payment under the National Vaccine Injury Compensation Program (VICP): (i) You need to prove that you are eligible for compensation; and, (ii) you need to prove how much you are entitled to recover. We covered who can file a VICP claim in a previous post. In this article, vaccine attorney Leah V. Durant discusses how to prove the costs of a vaccine-related injury or illness.
Proving the Financial Costs of a Vaccine Injury or Illness
We’ll talk about the financial costs of vaccine-related injuries and illnesses first. While medical bills might immediately come to mind, these are not the only financial costs that vaccine recipients and their families can recover under the VICP. Claimants can also seek compensation for other out-of-pocket costs (i.e. prescriptions and travel expenses), and they can seek compensation for their current and future loss of earnings as well.
Proving the financial costs of a vaccine injury or illness requires extensive documentation. For example, in a typical case, we will present the following types of evidence on behalf of our client:
- Medical records showing the diagnosis of the vaccine injury or illness
- Medical records showing the treatment needs resulting from the vaccine injury or illness
- Prescription records and receipts
- Receipts (or other documentation) for other out-of-pocket costs
- Documentation showing any hours or days missed from work
- A medical expert report and testimony discussing the long-term effects of the vaccine injury or illness
Under the VICP, claimants can seek full compensation for the financial costs of their (or their loved one’s) injury or illness. As a result, it is extremely important to be as thorough as possible and to clearly document not only the costs incurred to date but also the costs that will be incurred in the future.
Proving the Non-Financial Costs of a Vaccine Injury or Illness
In addition to compensation for financial costs, the VICP also pays compensation for vaccine recipients’ pain and suffering. This compensation is capped at $250,000. Since there is no way to simply “add up” a person’s pain and suffering, proving the right to this additional compensation requires evidence of the day-to-day effects of the vaccine injury or illness. Examples of types of evidence that can be used to prove pain and suffering include:
- Evidence of physical symptoms of psychological stress
- Medical expert testimony
- Testimony from family members, friends and coworkers
- Documentation of missed activities and events (in the form of a calendar, diary or journal)
- Photographic or video evidence of the vaccine injury’s or illness’s effects
Diagnosed with a Vaccine Injury or Illness? Schedule a Free Consultation with a Vaccine Attorney
If you need to seek financial compensation for a vaccine injury or illness, it is extremely important that you discuss your case with an experienced attorney. To schedule a free, no-obligation consultation with national vaccine attorney Leah V. Durant, call 202-800-1711 or tell us how we can contact you online today.
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.