While most people get vaccinated and go on with their day, for some, getting vaccinated is a life-altering experience. All types of vaccinations can lead to injuries, and while vaccine injuries are rare, individuals who experience these injuries often face a long and difficult road to recovery.

Along with the need for medical treatment and loss of income while they are unable to work, many people diagnosed with vaccine injuries also experience pain and suffering. Fortunately, all of these are losses for which a vaccine injury lawyer can help you seek just compensation. If you have been diagnosed with a vaccine injury, you should speak with a lawyer promptly about filing a claim under the National Vaccine Injury Compensation Program (VICP).

The VICP Covers Pain and Suffering from Vaccine Injuries

The VICP is a federal government program that pays financial compensation to eligible individuals who have been diagnosed with vaccine injuries. It paid more than $123 million to 885 successful claimants in fiscal year (FY) 2023, and it has paid more than $4.6 billion in vaccine injury compensation since its establishment in 1988.

To recover financial compensation under the VICP, eligible individuals who have been diagnosed with vaccine injuries must be able to prove the costs of their injuries. Settlements and compensation awards under the VICP are based on claimants’ actual losses. There isn’t a benefit schedule (like other government benefit programs), and there is no “standard” VICP award.

Recoverable costs under the VICP include both financial and non-financial losses resulting from vaccine injuries. These losses fall into four broad categories:

• Medical Expenses – Eligible vaccine recipients can receive “a reasonable amount for past and future non-reimbursable medical, custodial care, . . . rehabilitation costs, and related expenses ([t]here is no limit on the amount a person with an injury may be paid for these types of expenses).”
• Lost Earnings – Eligible vaccine recipients can recover just compensation for their loss of earnings due to the need to seek medical treatment or their inability to work. This includes their lost earnings through the date of their VICP settlement or award and their anticipated lost earnings in the future.
• Legal Fees and Costs – The VICP pays claimants’ legal fees and costs separately from their compensation awards. This is different from personal injury litigation, where plaintiffs’ legal fees are typically deducted from their recoveries. As a result, you can truly hire a vaccine injury lawyer at no cost to you.
• Pain and Suffering – The VICP also pays “up to $250,000 for actual and projected pain and suffering.” When you hire a vaccine lawyer to represent you, your lawyer can determine an appropriate amount of compensation for your pain and suffering, and then your lawyer can work to recover this compensation on your behalf.

No matter how much you are entitled to recover, obtaining financial compensation under the VICP requires documentation of your current and future losses. If you can’t prove your losses, your claim won’t be successful. As a result, it is critical to work with an experienced lawyer who can not only document the long-term financial costs of your vaccine injury, but who can also help document your pain and suffering.

Documenting Your Pain and Suffering After a Vaccine Injury

While you will need to rely on your vaccine lawyer to help document your pain and suffering, there are steps you can take as well. Proving your pain and suffering will be a collaborative process—and the more you can do to document your vaccine injury’s non-financial effects, the more your lawyer may be able to seek on your behalf.

How can you document your pain and suffering from a vaccine injury? Some examples of the steps you can take include:

• Attending All of Your Appointments – When you have a VICP claim, it is important to attend all of your appointments with your doctors. Not only will this help ensure that you are able to recover as fully and quickly as possible, but it will also help to document the physical and psychological effects of your vaccine injury.
• Recording Your Daily Pain Levels – If you are in pain as a result of your vaccine injury, it can be helpful to record your pain levels in a journal throughout the day. Also, make note of any movements or activities that increase your pain level above your new “normal.”
• Record Your Vaccine Injury’s Other Daily Impacts – Along with recording your pain levels, it can also be helpful to record all of the other ways your vaccine injury impacts your life. If you are unable to enjoy your hobbies, watch your children’s games or recitals, or spend meaningful time with your spouse or partner, these are all losses for which just compensation is available.

While you are taking these steps (among others—your lawyer will be able to explain everything you need to know), your lawyer will be taking other steps to prepare your pain and suffering claim for submission under the National Vaccine Injury Compensation Program. Among other things, this includes calculating a reasonable compensation award. Based on the severity and anticipated duration of your pain and suffering, your lawyer will determine how much you can reasonably expect to receive under the VICP. This may be an amount under the $250,000 limit, or your pain and suffering damages may far exceed this amount, and your lawyer may need to seek the maximum compensation available.  

When you have a VICP claim for a vaccine injury, documenting your pain and suffering is an important part of the recovery process. While it takes time out of your day, it is well worth it—as it is a necessary step toward seeking the full compensation you deserve.

Discuss Your VICP Claim with Vaccine Injury Lawyer Leah V. Durant

If you need to know more about filing a vaccine injury claim under the VICP, we invite you to get in touch. To discuss your claim with vaccine injury lawyer Leah V. Durant in confidence, please call 202-800-1711 or request a free consultation online today.

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, Vaccine Injury Compensation