When you get diagnosed with a vaccine injury, recovering just compensation can be an important step in the recovery process. Vaccine injuries can result in significant financial and non-financial costs, and making sure these costs are covered can be critical for moving on.
If you have a vaccine injury claim, what type of payout can you expect to receive?
5 Factors that Will Determine the Potential Payout for Your Vaccine Injury Claim
The answer to this question depends on several different factors. No two vaccine injury claims are alike, and this means that no two claimants’ payouts will be exactly the same. Some of the key factors that determine your legal rights after a vaccine injury include the following:
1. Is the Vaccine Covered Under the National Vaccine Injury Compensation Program (VICP)?
One of the first things you need to know is whether your vaccine is covered under the National Vaccine Injury Compensation Program (VICP). The VICP covers most CDC-recommended vaccines, and while filing a successful VICP claim is not easy, it is generally the most straightforward path toward financial recovery. If you have a VICP claim, you can seek just compensation for your:
- Medical expenses and other out-of-pocket expenses
- Lost earnings
- Pain and suffering (up to $250,000)
If you don’t have a VICP claim, this could affect both the process of filing a claim and the amount you are entitled to recover. For example, the COVID-19 vaccines are currently covered under a different federal program (the Countermeasures Injury Compensation Program), and compensation under this program is limited to $50,000 per year for medical expenses and lost wages.
2. How Much Are Your Medical Costs To Date?
For the rest of this article, we will assume that you have a vaccine injury claim under the VICP. If this is the case, calculating your potential payout will start with adding up your medical costs to date. VICP claimants can seek reimbursement for the costs of diagnosing and treating their vaccine-related injuries.
3. How Much Will It Cost to Care for Your Vaccine Injury in the Future?
VICP claimants can seek compensation for their future medical costs as well. They can also seek compensation for other care-related expenses such as transportation, prescriptions, and home health services. With most serious vaccine-related injuries, the costs of future care will significantly exceed claimants’ medical expenses through the date they file for compensation.
4. Will You Miss Time from Work Due To Your Vaccine Injury?
Under the VICP, claimants can also seek compensation for their current and future lost earnings. If your vaccine injury will prevent you from working for an extended period of time, understanding the long-term financial impacts of your injury will be a critical step toward calculating the total value of your VICP claim.
5. How Severe Are the Non-Financial Impacts of Your Vaccine Injury?
As noted above, the VICP also pays compensation for claimants’ pain and suffering—up to $250,000. The more severe the non-financial impacts of your vaccine injury, the more you are entitled to recover.
Examples of Recent Payouts in Vaccine Injury Cases Under the VICP
While every vaccine injury claim is unique, it can be helpful to review some examples of recent VICP settlements and awards. With this in mind, here is a small sampling of our recent case results:
- $150,000 for a flu shot recipient diagnosed with a shoulder injury related to vaccine administration (SIRVA)
- $125,780 for a hepatitis B vaccine recipient diagnosed with SIRVA
- $72,365 for a Tdap vaccine recipient diagnosed with SIRVA
- $70,000 for a flu shot recipient diagnosed with Bell’s palsy
- $51,500 for a flu shot recipient diagnosed with brachial neuritis
- $40,000 for a pneumonia vaccine recipient diagnosed with SIRVA
- $40,000 for a flu shot recipient diagnosed with Guillain-Barre Syndrome (GBS)
Again, these are just examples. They are not indicative of the payout that you may receive for your vaccine injury claim. To find out the value of your claim, you will need to consult with an experienced attorney.
5 Tips for Maximizing the Value of Your Vaccine Injury Claim
If you have a VICP claim, what can you do to ensure that you are able to recover as much as possible? Here are five tips for maximizing the value of your vaccine injury claim:
1. Seek a Diagnosis and Treatment Promptly
If you have not done so already, you should seek a diagnosis and treatment promptly. Your medical records will be key evidence in support of your VICP claim, and the longer you wait to see a doctor, the more difficult it could become to establish your right to just compensation.
2. Keep Track of Your Medical and Other Expenses
As you progress through your recovery, you should keep track of your medical bills and other out-of-pocket expenses. Keep your bills and receipts in a file, and try to keep a log of the expenses you incur specifically as a result of your vaccine-related injury.
3. Keep Track of Your Lost Earnings
If you miss time from work, you should keep track of your lost earnings as well. Keep any documentation you receive from your employer, but try to keep your own log of your missed hours and days as well.
4. Document the Daily Effects of Your Vaccine Injury
Since the VICP allows claimants to recover financial compensation for their pain and suffering, you should also document the non-financial impacts of your injury. Record your pain levels throughout each day, and write down any activities or events you are forced to forego.
5. Get Help with Your Claim
Finally, one of the best things you can do to help your VICP claim is to get help from an experienced lawyer. This costs nothing out of pocket, and the VICP pays claimants’ legal fees separately from their settlements and awards.
Find Out How Much You May Be Able To Recover from Vaccine Lawyer Leah V. Durant
Do you have a VICP claim? If you would like to find out how much you may be able to recover for your vaccine injury, we invite you to get in touch. To schedule a free initial consultation with vaccine lawyer Leah V. Durant, please call 202-800-1711 or tell us how we can reach you online now.
Leah Durant Bio
Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.
Categories: Vaccine Injury Compensation