Can I File A Claim For Vaccine Injury?

According to National Vaccine Injury Compensation Program (VICP), individuals who suffer injuries after a certain vaccine have a right to file a claim.

Meaning, not every vaccine injury may amount to a claim. Thus, you need legal knowledge to understand your civil liability if any.

If you or your loved one was vaccinated and suffered injuries after the vaccine, you need to prove that the vaccine caused such injury; only then you can get compensated.

Vaccine Injuries

Vaccines are suitable for public health. They are meant to prevent disease and hence save lives. These vaccines are intended to be administered without any serious health issues. However, sometimes they cause side effects, mild or severe.

Some examples of vaccines that lead to claims may include:

• Polio

• Hepatitis A or B

• Measles

• Tetanus

• Chicken Pox

The mere reason why National Vaccine Injury Compensation Program (VICP) came into place is to help those injured to get compensated for injuries suffered.

For vaccine injuries, it makes sense to have legal representations. Dealing with VICP is an uphill battle that involves a legalistic process. The affected party is required to bring up medical and factual facts to prove their case. 

In such a situation, the best thing would be to hire a lawyer in Anchorage to handle your case.

There are conditions for filing a vaccine injury claim. Such is regardless of:

• You age

• Citizenship

• The effects of the injury

To file your claim, you have to ensure that:

• The injury has lasted for more than six months after you were vaccinated.

• The injury resulted in inpatient hospitalization, which led to surgical involvements.

• Such injuries led to the death.

If your claim meets the above requirements, you will need to file a petition with the U.S. Court of Federal Claims to be compensated. It’s worth noting that a successful claim should be filed for a covered vaccine as not every vaccine is covered under the Vaccine Injuries and Federal Compensation Programs.

A claim may be filed by:

• One who believes the vaccine has injured them.

• A parent; guardian of the injured person.

• A representative of the deceased estate.

Filing Your Claim

If the injury occurred within the listed time period, assumptions are that such occurred due to the vaccine.

Along as your claim is deemed reasonable, you can get damages. You have to prove that the injuries caused were from the vaccine. Compensation may also be available for any injury aggravated by the vaccine.

The program indicates which vaccine injuries are to be compensated. If the vaccine injury at hand is not on the list, you still may file a claim. But this will force you to have more evidence. For instance, you may need to have a medical expert provide testimony and relevant medical records.

Once you file the claim, the medical staff will review the petition to determine whether the case meets the medical criteria for compensation.

If there was improper administration of the vaccine, the liable party might face penalties under the medical malpractice claim. Other cases to lead to such issues would be the use of defective syringes. But such cases would require legal representation.

To file the vaccine injury claim, the petition to be presented to the U.S Court of Federal Claims must include:

• The person injured by the vaccine and the type of injury.

• The vaccine that led to the injury.

• Where the vaccine was given from and who gave the vaccine.

• What symptoms were apparent and how long such symptoms lasted.

If so, the agency provides a report for medical recommendations to be presented to the court.  

An appointed special lawyer is to decide whether the plaintiff is to be compensated. Such a special master provides what amount to be awarded by the vaccine company.

Claim for damages should be file within two years from the date of death. Depending on the injury, you can get medical expenses, past or future lost earnings, pain and suffering etc.

Most of those who get injured by vaccines choose to have legal representation. The fact is that you don’t have to worry due to the fees to pay your attorney. Most attorneys who represent plaintiffs in civil cases offer their services on a contingency basis. Meaning, you will not need to pay upfront fees to get your case started.   

Such a lawyer only collects payment after a successful claim.

Remember that you have a right to appeal the special master’s decisions. Your lawyer can guide you on the best strategy to use in the higher court.

VICP cases are complex. You need a lawyer who will walk with you to fair compensation. In case of the death of your loved one, such a lawyer will help you file a wrongful death claim.