The Vaccine Injury Claim Process
If you have a claim that might qualify for compensation, we strongly recommend using a vaccine injury lawyer. The science, medicine, and law can be quite complex, and the cases are litigated in the Federal Claims Court in Washington, D.C. There are no fees or costs of any kind billed to you as a victim; rather they will be paid out of the government supervised fund after your case is resolved. Answer a few questions on the free case evaluation form to get started.
First, and most importantly, visit your doctor and report what has happened and why you believe it is related to a vaccine. Be sure to let your doctor know when your symptoms began. Encourage your doctor to file a VAERS (Vaccine Adverse Event Reporting System) report. Then reach out to a vaccine lawyer to discuss your potential legal rights. Answer a few questions on the free case evaluation form to get started.
Many different injuries may qualify for compensation in the Vaccine Program if a connection to your vaccination can be established. These include injuries to the shoulder itself, as well as a variety of neurologic, muscular, and systemic conditions. Many of those conditions are listed in the Vaccine Table available at: Vaccine Injury Table.
A vaccine injury claim must be filed within three years from the date of vaccination unless there is a death involved, in which case it must be filed two years from the date of vaccination.
No. Vaccine lawyers involved in the National Vaccine Injury Compensation Program are not permitted to take fees from their clients in connection with cases filed in the Program. For most lawyers even an initial consultation should be offered at no charge to you.
Nothing. When your case is resolved, your lawyer will be paid out of the Vaccine Injury Fund. Lawyers are paid for the time they worked and the costs they expended. This payment does not come out of your settlement and has no impact on your recovery.
In the appropriate circumstances, compensation can be for pain and suffering (with a cap of $250,000.00), medical expenses both past and future, economic losses such as lost wages and out of pocket expenses.
No. Neither doctors nor medical providers are sued in the Vaccine Program. Similarly, the vaccine manufacturers are not involved. All claims are made against the National Vaccine Compensation Fund and are defended by Department of Justice attorneys.
We have over thirty years of experience in representing victims with vaccine related injuries. Our vaccine team has recovered tens of millions of dollars on behalf of hundreds of victims from all over the U.S., and we have taken many cases to hearing on behalf of our clients in Washington, D.C. We work with a team of the finest medical experts in the country, including specialists in neurology, immunology, endocrinology, rheumatology and more to support our cases.
Yes, we represent victims of vaccine injuries from all 50 states and U.S. territories.
We can be reached by phone anytime at 215-575-2997 or fill out our free case evaluation form. There is no charge for our consultations, and we are readily available to protect the interests of those who may have been injured by vaccines.
This is a program established by Congress in 1986 to compensate those who may have been injured by a vaccine. The goal of the Program was to compensate victims while at the same time encouraging the pharmaceutical companies and doctors to continue to design, manufacture and deliver vaccines without fear of being sued for the rare bad outcome. All claims are filed in the Federal Claims Court in Washington, D.C. Claims are funded by a four-billion-dollar fund which is financed by a seventy-five cent tax on all vaccines administered.
The full list of covered vaccines is published in the Vaccine Injury Table which can be found at: Vaccine Injury Table. The list includes most vaccines, including any that are administered to children. Only a few vaccines are not covered, like certain shingles vaccines, the pneumovax vaccine, and unfortunately the COVID vaccine. Congress recently passed legislation keeping the COVID vaccine out of the Program and providing immunity to all involved in manufacturing, distribution, and administration to help resolve the COVID pandemic quickly.
The Program is funded by a seventy-five cent tax per vaccination administered in the United States.
No. Claims can be filed on behalf of children or adults.
No. Congress recently passed legislation keeping the COVID vaccine out of the Program and providing immunity to all involved in manufacturing, distribution and administration to help resolve the COVID pandemic quickly.
Vaccine and Injury Information
The Vaccine Program requires that vaccine related injuries last for six months in order to qualify for compensation. You will need to have your doctor evaluate and monitor your condition to confirm compliance with the six-month requirement.
SIRVA is shoulder injury related to vaccine administration. This category of claims includes a variety of injuries to the shoulder, nerves and muscles of the shoulder and arm that can be caused by improper administration of a vaccine.
If you have onset of new shoulder or arm pain within a short time (hours or days) after receiving a vaccine, you might have a SIRVA injury. Remember that some swelling, redness, and pain are to be expected after vaccination. True SIRVA injuries can be very debilitating and often persist for months or years.
The National Vaccine Injury Compensation Program permits claims to be made for shoulder injuries that can be proven to be related to vaccine administration. Separate lawsuits against a vaccine administrator can be maintained in certain states with some restriction but are extremely rare and difficult to prove.
The 1986 National Childhood Vaccine Injury Act established the National Vaccine Injury Compensation Program (VICP). The goal of VICP is to compensate those who may have been injured by a vaccine, while at the same time encouraging the pharmaceutical companies and doctors to continue to design, manufacture and deliver vaccines without fear of being sued for the rare bad outcome. All VICP claims are filed in the Federal Claims Court in Washington, D.C. Claims are funded by a $4 billion fund which is financed by a seventy-five cent tax on all vaccines administered.
The Vaccine Adverse Event Reporting System was established so that the Centers for Disease Control (CDC) could track and study potential adverse reactions to vaccines. Under the program, doctors are required to fill out a simple form, and to file it with the CDC when a patient complains of an adverse reaction to a vaccination. Doctors have this obligation whether the connection is confirmed or not.
Some injuries related to specific vaccines are listed in the Vaccine Injury Table and will be accepted in the Vaccine Court as related even without expert opinion. However, other injuries which can be caused by vaccination will require very detailed expert analysis and opinion to support the claim. The Department of Justice lawyers will often retain qualified experts to render opinions that a vaccine did not cause the claimed injury. We work with experts in the fields of neurology, immunology, endocrinology, rheumatology and more to prove causation, or what is referred to as entitlement in the Vaccine Program.