Top Vaccine Injury Lawyers for VICP Claims
Vaccine court cases are few and far between due to the federal Vaccine Injury Compensation Act, but you can still get compensation if you experience harmful health effects after being vaccinated. At Parker Waichman LLP, our experienced vaccine injury lawyers can help you navigate the process of pursuing compensation from the federal vaccine liability fund. We may also be able to help you file a vaccine lawsuit if a manufacturing or labeling defect contributed to your injury. Call 1-800-YOUR-LAWYER today for a free consultation on your vaccine damage claim.
What Is the Vaccine Injury Compensation Act?
The National Childhood Vaccine Injury Act of 1986, also called the Vaccine Injury Compensation Act, is a law that was passed to provide a no-fault system for compensating victims of vaccine-related injuries. The law was enacted in response to an increase in vaccine-related lawsuits due to a scare over the pertussis vaccine in the late 1970s and early 1980s that caused many manufacturers to stop making vaccines altogether. Congress stepped in to assume liability for vaccine injury payouts in order to prevent shortages of vaccines. The result was the establishment of the National Vaccine Injury Compensation Program.
What Is the National Vaccine Injury Compensation Program?
The National Vaccine Injury Compensation Program (VICP) is a government-funded alternative to the formal legal system for resolving vaccine injury cases. The program may award financial compensation to those who have been injured by a covered vaccine.
Who Funds the VICP?
Congress allocates $110 million in federal tax dollars every year for the Vaccine Injury Compensation Trust Fund. This money comes from a tax on routine childhood vaccines of 75 cents per dose per disease prevented; this means that a dose of polio vaccine, for example, would be taxed 75 cents, while a dose of the DTaP vaccine would be taxed $2.25.
Which Types of Vaccines Are Covered by the VICP?
Covered vaccines include:
- Hib (haemophilus influenzae type B)
- Hepatitis A
- Hepatitis B
- HPV (human papillomavirus)
- Influenza (seasonal)
- Meningococcal disease
- Pneumococcal disease (conjugate vaccine)
- Rotavirus Vaccine Lawsuits
- Varicella (chickenpox)
Will the COVID-19 Vaccine Be Covered Under the VICP?
No. It will, however, be covered under the Countermeasures Injury Compensation Program. This program applies to responses to a pandemic, epidemic or national security threat.
What Is the Typical Vaccine Reaction?
Common reactions to vaccines are not serious and include:
- Tenderness, redness, and minor swelling around the injection site
- Mild fever
These reactions happen within hours after the shot is given and usually go away within a day or two. If they go on longer, it’s important to call a health professional.
What Are Signs of Vaccine Injury?
After receiving a vaccine, keep an eye out for the following early symptoms and warning signs of a vaccine injury:
- Swelling at the injection site
- Severe pain around the injection site
- Numbness in the extremities
- High fever that lasts for three days or longer
- Signs of an allergic reaction
- Serious rash that does not disappear after three days
- Vomiting that lasts more than three days
- Diarrhea that lasts more than three days
- Behavior changes
- Loss of vision
- Signs of shock
Can You Get Nerve Damage From a Vaccination?
Some serious reactions to a vaccine can include nerve damage. If you or a loved one experienced nerve damage after taking a vaccine, you may be eligible for compensation under the VICP.
What Types of Vaccine-Related Injuries Are Covered Under the VICP?
The VICP’s Vaccine Injury Table lists the most common covered conditions caused by vaccines, including anaphylaxis, encephalitis, shoulder injury, and vasovagal syncope. The injuries included in the table are presumed to have been caused by the vaccine, meaning that you do not need to prove causation to get a settlement.
Other vaccine injuries may also be covered by the VICP, but you will need to prove that the vaccine in question caused your condition.
You must be able to show that the injury lasted for more than six months after immunization, resulted in the need for hospitalization and surgery or resulted in death.
How Do I File a Vaccine Injury Claim?
To get compensation under the VICP, you must file a legal petition with the United States Court of Federal Claims. You can do this yourself, but it’s not recommended: Most people work with vaccine injury lawyers to ensure that their petition is filed correctly, as this process can be tricky for people without legal training. When you work with a Parker Waichman attorney, we’ll make sure your claim is properly filed with the documentation you need to prove your claim. The court will generally cover our costs, so you won’t need to pay for our services yourself.
Can You Sue Vaccine Companies?
Under the VICP, you generally cannot sue a manufacturer for vaccine-related injuries, but there are a couple of exceptions. If your injury was caused by a defect in the manufacturing process or a failure of the drug company to provide proper warning labeling with the vaccine, you may be able to pursue a vaccine injury lawsuit.
How Long Do You Have to File a Vaccine Injury Claim?
The statute of limitations for a VICP claim is three years after the first symptom arises. In cases of a vaccine-related death, your claim must be filed within two years of the date of death and four years after the first symptom of vaccine-related injury occurred.
Claims under the CICP related to the COVID-19 vaccine must be filed within one year of vaccination.
How Much Has the Vaccine Injury Compensation Program Paid Out?
The VICP has issued more than $4 billion in vaccine payouts since its inception more than 30 years ago.
Does the CDC Manufacture Vaccines?
The CDC does not manufacture vaccines, but they do monitor the safety of all vaccines licensed in the United States and they do buy and distribute vaccines to grantees like state health departments.
Does the CDC Test Vaccines?
The CDC does not test vaccines. This process is overseen by the Food and Drug Administration. The manufacturer of a vaccine tests it for effectiveness and safety using FDA guidelines. The FDA evaluates the results to determine if a vaccine will be approved for public distribution. Then, the FDA and the CDC monitor reporting of side effects and conduct studies as needed.
How Do You Report an Adverse Reaction to a Vaccine?
If you are experiencing an adverse reaction to a vaccine, it’s important that you contact your health-care provider immediately. Then, you can report it to the Vaccine Adverse Event Reporting System online.
Get Help With Your Vaccine Damage Lawsuit
At Parker Waichman, our compassionate attorneys work with victims of a wide variety of injuries, including those caused by vaccines. We know that filing a vaccine lawsuit can seem daunting, and we’ll work to put your mind at ease every step of the way, starting with your free consultation. When you call us, we’ll evaluate your potential claim at no cost and with no obligation, and we’ll advise you on your next steps. Then, if you choose to work with us, our dedicated vaccine injury lawyers will work hard to ensure that you and your loved ones are well taken care of during this trying time. We’ll assemble and file your vaccine injury compensation program claim and fight to get you every penny of compensation you deserve.
Get help from an experienced vaccine injury attorney near you today: Contact us online or call 1-800-YOUR-LAWYER (1-800-968-7529) for a free consultation.