Parents whose children have been diagnosed with vaccine injuries may be eligible to seek financial compensation under the National Vaccine Injury Program (VICP). The VICP is a federal program that exists specifically to help cover the costs of vaccine-related injuries and illnesses—and it has paid more than $4 billion to claimants over the past 30 years. If your child has been diagnosed with a vaccine injury, what do you need to know about filing a VICP claim? National vaccine injury attorney Leah V. Durant explains:
The VICP Covers Most (But Not All) CDC-Recommended Childhood Vaccines
The VICP serves as a source of financial compensation for parents who are facing costs associated with most CDC-recommended childhood vaccines. The childhood vaccines that are currently covered under the program include:
- Diphtheria, tetanus, and pertussis
- Haemophilus influenzae type b (Hib)
- Hepatitis A and B
- Human papillomavirus (HPV)
- Inactivated poliovirus (IPV)
- Influenza
- Measles, mumps and rubella (MMR)
- Meningococcal
- Pneumococcal conjugate
- Rotavirus
- Varicella (chickenpox)
Currently, the VICP does not cover injuries linked to the COVID-19 vaccines. Instead, COVID-19 vaccine injuries are covered under the Countermeasures Injury Compensation Program (CICP), which is a very different program.
The VICP Covers All Vaccine-Related Injuries From Covered Vaccines
The VICP covers all medical conditions linked to covered vaccines through a formal medical diagnosis. While the VICP’s Vaccine Injury Table lists several of the most common vaccine-related medical conditions, these are not the only conditions that are covered.
With that said, the vast majority of VICP claims involve “on table” injuries and illnesses. These include shoulder injuries related to vaccine administration (SIRVA) for all covered vaccines, as well as Guillain-Barré Syndrome (GBS) linked to the annual flu shot. These are by far the most common types of claims we handle.
Parents Must Have Documentation of Their Child’s Vaccination and Diagnosis
To file a VICP claim, parents will need to gather various forms of documentation. This starts with gathering documentation of their child’s vaccination and their child’s vaccine-related diagnosis. With that said, if you aren’t sure how to obtain these or whether you have the specific documentation you need, an experienced vaccine injury attorney will be able to help.
Parents Must Also Have Documentation of the Costs of Their Child’s Vaccine Injury
The VICP pays compensation for eligible claimants’ medical expenses and other out-of-pocket costs, lost wages, and pain and suffering. However, to recover any compensation under the VICP, parents must be able to prove the costs of their child’s vaccine injury.
This requires various forms of documentation as well. For example, along with keeping copies of their child’s medical bills (both paid and unpaid), parents should also keep copies of receipts or other forms of documentation for medications, medical supplies, and other necessary purchases. Parents should also work with their children to keep a “pain journal” that documents the various day-to-day effects of their child’s vaccine-related diagnosis.
Hiring a Vaccine Injury Attorney for a VICP Claim Costs Nothing Out-of-Pocket
Parents and other VICP claimants can hire a vaccine injury attorney to handle their VICP claim at no out-of-pocket cost. In fact, hiring an attorney to handle your family’s claim costs nothing at all.
This is because the VICP pays claimants’ legal fees directly, and it covers claimants’ legal fees in addition to paying for the costs of their (or their children’s) vaccine injuries. As a result, your attorney’s legal fees will not be deducted from your compensation award if your family’s VICP claim is successful. If your family’s VICP claim is unsuccessful for any reason, you will owe nothing in this scenario as well.
This means that hiring an attorney to handle your family’s VICP claim is truly risk-free. As a result, there is no reason not to work with an experienced attorney throughout the process. An experienced attorney will be able to handle most of the process for you—and this means that you will be able to spend your time and energy on being with your child.
Most (But Not All) Successful Child Vaccine Injury Claims Settle
While the VICP is a federal program, seeking compensation under the VICP is not simply a matter of filing a claim. Parents must file their VICP claims in the Vaccine Court, and government attorneys review all claims for eligibility. If the government’s attorneys determine that a claim is ineligible for compensation, they will dispute the claim in the Vaccine Court.
On the other hand, if the government’s attorneys determine that a claim is eligible for compensation, then the next step will usually be to enter into settlement negotiations. Most successful child vaccine injury claims settle—but most successful claimants also have legal representation. If you hire a vaccine injury attorney to handle your family’s VICP claim, not only will your family’s attorney be able to assist with establishing your eligibility for compensation, but your family’s attorney will be able to negotiate for a fair settlement on your behalf as well.
The Process Starts with a Free Consultation
If you have a VICP claim for your child’s vaccine injury and you decide to hire a vaccine injury attorney to seek compensation on your family’s behalf, the process starts with a free consultation. This is an opportunity to learn about your family’s legal rights and make an informed decision about whether to move forward. Our attorneys are more than happy to answer all of your questions, and if you decide to move forward, we can get to work on your family’s claim right away.
Do You Have a VICP Claim for a Child Vaccine Injury? Contact Us For a Free Consultation Today
If you would like to know more about filing a claim under the National Vaccine Injury Compensation Program (VICP) for your child’s vaccine-related injury or illness, we strongly encourage you to get in touch. To schedule a free consultation with an experienced vaccine injury attorney at the Law Office of Leah V. Durant & Associates, please call 202-775-9200 or tell us how we can get in touch online today.
Categories: Child Vaccine Injury
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