The National Vaccine Injury Compensation Program (VICP) provides a way for individuals who have suffered vaccine-related injuries to seek financial relief. If you or a loved one believe you have been affected by a covered vaccine, filing a claim with the VICP may be an option to recover monetary compensation for a vaccine injury. This guide outlines the steps involved in the process, ensuring you understand what to expect.
Understanding the VICP
The VICP was established in 1986 to provide compensation for individuals who experience adverse reactions to certain vaccines. This federal program is funded by a small excise tax on vaccines and is designed to resolve vaccine injury claims without lengthy litigation. While the process can be complex, it offers an alternative to traditional lawsuits against vaccine manufacturers and medical providers.
Step 1: Determine Eligibility
Before filing a claim, it is essential to confirm that:
- The vaccine in question is covered under the VICP. Common examples of covered vaccinations include, but are not limited to, the flu vaccine, MMR (measles, mumps, and rubella), and DTaP (diphtheria, tetanus, and pertussis).
- The adverse reaction resulted in hospitalization or death, or it lasted for more than six months.
- The claim is filed within the statute of limitations — generally within three years from the first symptoms of injury, or two years from the date of a vaccine recipient’s death.
Step 2: Gather Medical Records and Documentation
To support your claim, you will need comprehensive medical documentation. This is a great time to seek help from a vaccine injury attorney. They can help you gather the records and documents you need, and there are no attorney fees involved in filing vaccine injury petitions or litigation in the VICP. The records you need include:
- Vaccination records showing the date of the shot, type of vaccination, and location of administration of the vaccine
- Medical records detailing symptoms, treatments, and diagnoses related to the injury
- Physician statements linking the injury to the vaccine, if applicable
Step 3: File a Petition with the U.S. Court of Federal Claims
The claim process begins with submitting a petition to the U.S. Court of Federal Claims. This document should include:
- Personal details of the injured party and a timeline of pertinent medical treatment
- A detailed description of the injury and its impact
- Supporting medical records and documentation
Step 4: Government Review and Medical Expert Evaluation
Once submitted, a vaccine injury case is assigned to a special master who may request additional or missing evidence. The Department of Health and Human Services (HHS) will then review the claim and provide an opinion on a given claim’s merit. If HHS disagrees that a given vaccine injury is proper for compensation, then the vaccine injured petitioner will have the option to move forward with litigation.
Step 5: Settlement or Hearing
Depending on the evidence, the case may proceed in one of two ways:
- Settlement: If the government concedes that the vaccine likely caused the injury, a compensation amount may be negotiated without further proceedings.
- Briefing/Hearing: If there is disagreement between the parties as to whether an injury is compensable, then the case may go to briefing or a hearing before a special master, where both sides present evidence and testimony.
Step 6: Compensation Determination
If a claim is successful, compensation may cover:
- Medical expenses related to the vaccine injury
- Lost wages due to inability to work
- Pain and suffering, up to a capped amount
- Reimbursement of a Medicaid lien, if an injury involves payments from Medicaid
If a claim is ultimately dismissed, vaccine injured petitioners have the right to appeal the decision through federal courts.
Final Considerations When Filing a VICP Claim
Navigating the VICP claims process requires attention to detail and patience. Understanding the eligibility requirements, gathering the necessary documentation, and following the procedural steps can improve the likelihood of a successful outcome. If you believe you may qualify for a claim under the VICP, taking prompt action is crucial. Hiring an attorney who is familiar with the VICP and vaccine injury litigation process is essential for your peace of mind and for your chances of success.
At Siri & Glimstad LLP, our attorneys, paralegals, and support staff are dedicated to helping families seek justice in vaccine injury cases. For help with filing a vaccine injury claim or any vaccine injury questions you may have, fill out the form here to schedule a time to speak with a qualified vaccine injury attorney. It has never been more important to have a knowledgeable and compassionate advocate on your side.
