Since Congress established the National Vaccine Injury Compensation Program (VICP) in 1988, less than 1,500 families have filed claims related to fatal vaccine injuries. Data from the U.S. Centers for Disease Control and Prevention (CDC) also indicate that vaccine-related deaths are rare. But, when these deaths occur, they are tragic regardless of the specific circumstances involved.
When fatal vaccine injuries happen, eligible family members can seek financial compensation under the VICP. In this article, national vaccine injury lawyer Leah V. Durant explains what grieving family members need to know:
The VICP Accepts Claims Related to Vaccines Recommended for Routine Administration By the CDC
The VICP makes compensation available in cases involving fatal injuries and illnesses related to vaccines recommended for routine administration by the U.S. Centers for Disease Control and Prevention (CDC). This includes the vaccines listed on the CDC’s Childhood and Adult Immunization Schedules. Covered vaccines are also listed on the VICP’s Vaccine Injury Table:
- Diphtheria, tetanus and pertussis (DTaP, DTP, DT and Td)
- Haemophilus influenzae type B (Hib)
- Hepatitis A and B
- Human papillomavirus (HPV)
- Seasonal influenza
- Measles, mumps and rubella (MMR)
- Meningococcal disease
- Pneumococcal disease
- Varicella (chickenpox)
The VICP Accepts Claims Related to All Types of Fatal Vaccine Injuries and Illnesses
The VICP accepts claims related to all types of fatal vaccine injuries and illnesses. However, some claims are simpler to file than others. The Vaccine Injury Table lists common injuries and illnesses associated with each covered vaccine; and, for these “on table” injuries, proof of causation is not required—as long as symptoms onset within the stated time period, causation is presumed. When filing claims for “off table” injuries, families must present evidence that proves their loved one’s vaccination is responsible for their untimely death.
The VICP Pays a Death Benefit of Up To $250,000
The VICP pays for vaccine recipients’ medical bills, lost earnings, and pain and suffering. It also pays a death benefit of up to $250,000. If awarded, this compensation is paid to the vaccine recipient’s estate. The VICP also separately pays claimants’ legal costs and fees, meaning that claimants can hire a vaccine injury lawyer to represent them at no cost.
Families Have Up To Two Years to File a Claim (In Most Cases)
All VICP claims are subject to a statute of limitations. For fatal vaccine injury and illness claims, families have up to two years from the date of death in most cases. However, in no case can family members seek compensation more than four years after their loved one first began experiencing symptoms. If you have concerns about the timing of your family’s VICP claim, you should speak with a vaccine injury lawyer as soon as possible.
Schedule a Free Consultation with Vaccine Injury Lawyer Leah V. Durant
Vaccine injury lawyer Leah V. Durant represents families nationwide in claims under the National Vaccine Injury Compensation Program. To discuss your family’s legal rights with Ms. Durant in confidence, please call 202-800-1711 or request a free consultation 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.