The U.S. Health Resources and Services Administration (HRSA) describes the National Vaccine Injury Compensation Program (VICP) as “a no-fault alternative to the traditional legal system for resolving vaccine injury petitions.” What does this mean? Why is it important? National vaccine lawyer Leah V. Durant explains.

The “No-Fault” Nature of the National Vaccine Injury Compensation Program (VICP)

The VICP is a federal compensation program that exists specifically to serve as a source of financial recovery for individuals and families who are coping with the effects of vaccine-related injuries and illnesses. While these injuries and illnesses are rare (and they are extremely rare when compared to the number of vaccines administered in the United States each year), they do happen.

Before the creation of the VICP, seeking financial compensation for a vaccine-related injury or illness typically involved either: (i) suing the vaccine manufacturer; or, (ii) suing the healthcare provider that administered the vaccine. Both of these required proof of fault. When suing vaccine manufacturers, plaintiffs were required to prove that the vaccine in question was defective or that the manufacturer had been negligent in some way. When suing healthcare providers, plaintiffs were required to meet the high burden of proving a claim for medical malpractice.

The ”no-fault” nature of the VICP eliminates these requirements.

Under the VICP, eligible claimants can seek financial compensation without proof of fault. It truly is a “no-fault” system. If a claimant (or a claimant’s loved one) was diagnosed with an illness or injury related to a vaccine covered under the VICP—and if the claimant meets all of the requirements for filing a successful claim—then the claimant is entitled to compensation under the program.

Not only that, but filing a VICP claim also doesn’t require proof of causation in most cases. In a traditional lawsuit, not only must the plaintiff prove fault, but the plaintiff must also prove that the defendant’s fault caused their injury or illness. The VICP eliminates this causation requirement in most cases. If a claimant (or a claimant’s) loved one received a covered vaccine and was diagnosed with an injury or illness listed on the Vaccine Injury Table, then proof of causation also isn’t required. The Vaccine Injury Table lists the most common vaccine-related injuries and illnesses, including:

• Anaphylaxis (severe allergic reaction)
• Guillain-Barre Syndrome (GBS)
• Shoulder injuries related to vaccine administration (SIRVA)

This is not to say that filing a successful VICP claim is easy. Claimants must file a formal petition that clearly establishes their eligibility, and they must also demonstrate how much they are entitled to recover. This includes not only compensation for the costs of treating their (or their loved one’s) vaccine-related injury or illness, but also compensation for lost wages, pain and suffering. It also includes claimants’ costs in the past and in the future. Given that this is the case, hiring an experienced vaccine injury attorney is strongly recommended.

No-Cost Legal Representation for VICP Claims

Another key aspect of the National Vaccine Injury Compensation Program is that it affords claimants the opportunity to hire a vaccine lawyer at no cost. This is also different from traditional litigation. In traditional litigation involving claims based on defects, negligence and medical malpractice, successful claimants’ legal fees are deducted from their settlements or verdicts.

However, the VICP pays claimants’ legal fees separately from their compensation awards. In other words, any compensation you receive from the VICP is yours to keep. Your legal fees will not be deducted from your settlement or verdict.

Do You Have a VICP Claim for a Vaccine-Related Injury or Illness?

With all of this in mind, do you have a VICP claim for a vaccine-related injury or illness? You may be eligible to file a claim under the VICP (and hire a vaccine lawyer to represent you at no cost) if:

1. You (or Your Loved One) Received a Covered Vaccine

The National Vaccine Injury Compensation Program does not cover all CDC-recommended vaccines. Rather, it specifically (and exclusively) covers those listed on the Vaccine Injury Table. As a result, your first step is to confirm whether you (or your loved one) received a covered vaccine.

2. You (or Your Loved One) Received a Vaccine-Related Injury or Illness Diagnosis

To file a VICP claim, you also need to be dealing with the consequences of a vaccine-related injury or illness—as diagnosed by a doctor. If you (or your loved one) hasn’t received a formal diagnosis, you won’t be able to file a successful claim. Of course, obtaining a diagnosis is important for obtaining necessary treatment as well, so there are multiple reasons to see a doctor as soon as you start having concerns.

3. You Have the Documentation You Need to File a VICP Claim

Filing a successful VICP claim requires several forms of documentation. Along with your (or your loved one’s) vaccination record and medical records, this includes documentation of the financial and non-financial costs you are entitled to recover. Receipts, medical bills, credit card statements, employment records and various other forms of documentation will typically be necessary.

4. You Still Have Time to File a VICP Claim

All VICP claims are subject to a statute of limitations. For non-fatal conditions, the statute of limitations is three years from the onset of symptoms. In wrongful death cases, the statute of limitations is four years from the onset of symptoms or two years from the date of death, whichever comes first.

Schedule a Free, No-Obligation Consultation with a Vaccine Lawyer at Law Offices of Leah V. Durant & Associates

Do you need to know more about seeking financial compensation for a vaccine-related injury or illness under the National Vaccine Injury Compensation Program (VICP)? If so, we invite you to get in touch. To schedule a free, no-obligation consultation with an experienced vaccine lawyer at Law Offices of Leah V. Durant & Associates, please call 202-775-9200 or tell us how we can reach you online today.

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