The U.S. government created the National Vaccine Injury Compensation Program (VICP) for people who have suffered a serious injury or illness caused by a vaccine.
If you or a family member has suffered a severe reaction following vaccination, you may be eligible for assistance from the VICP.
This outline can help you understand how the VICP process works. Please keep in mind that if we represent you, we will handle this process for you. Contact us for a free consultation.
Steps to apply for compensation from the VICP:
You do not need an attorney to file a petition with the VICP, but most people use one. These cases are complex, and experienced vaccine attorneys understand the process of the VICP and the specific issues that arise in proving that a vaccine caused your injury. Also, you will not pay a fee for the attorney’s assistance. Our consultation is free, and if you win an award, our fees do not come out of your settlement. Any attorney’s fees are paid separately by the Vaccine Fund.
Compensation eligibility for vaccine-related injuries requires that a lawsuit is filed no later than:
- 3 years from the date of vaccine administration
- 2 years from the date of vaccine administration when client is deceased
Eligible claimants must demonstrate that they received medical treatment and continued to suffer from the effects of their vaccine-related injuries for:
- A minimum of six months
Click here to check if you may be eligible for compensation.
The attorneys and their team will work with you to gather all the information necessary to submit with your application to VICP. You will need to submit all medical records related to your vaccine injury.
The vaccine injury lawyers and their team will put together a petition and submit it on your behalf to the U.S. Court of Federal Claims in Washington, DC. All petitions to the VICP are filed in this court. The U.S. Department of Health and Human Services (HHS) will review the petition, and make a preliminary recommendation. At this point, your lawyer will begin negotiations with HHS to attempt to reach a settlement. HHS may concede that the vaccine caused your injury, but if they contest that fact, there may be a hearing.
If HHS agrees that the vaccine caused the injury, your attorney will negotiate the amount of damages. You may be awarded monetary damages for pain and suffering, past and future medical expenses, and past and future lost wages. Reasonable attorneys’ fees and costs will be awarded to the attorney after your claim is resolved. Pain and suffering damages are limited to a $250,000 maximum. Compensation for future medical expenses and lost wages is not limited.
If you cannot reach an agreement about damages with HHS, a hearing may be held to decide the amount of compensation you will receive.
If HHS does not concede that the vaccine caused your injury, there may be a hearing held at the U.S. Court of Federal Claims in Washington, D.C.
A specialized vaccine judge, called a Special Master, will preside over the hearing. At this hearing, witnesses may testify, including you and medical experts. If the Special Master decides in your favor, your lawyer will negotiate the amount of compensation you will receive with HHS. If they cannot reach an agreement about the amount of damages, a second hearing may be held to decide this issue.
Our experienced vaccine injury team will discuss your options with you. If you are eligible, we can guide you through the process of applying to the Vaccine Injury Compensation Program, and help you get all the compensation you deserve.