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FAQ Vaccine Injury Compensation Payments 800-373-0202

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Information on National Vaccine Injury Compensation Program

Free Consultation. No Fee 1-800-373-0202

 

Q - If Injured by a Vaccine, Can I Get Compensation Payments?

You may be entitled to upwards of $250,000 for pain/suffering, $250,000 for death, or millions for your child's future. Get the advice of a vaccine lawyer. NationsVaccine Claim offers a no cost look at your case. Start your claim below or call 800-373-0202.Our Vaccine Lawyers Can Help Document Your Vaccine Injury and Make Your Claim before the Vaccine Court.

TELL US ABOUT YOUR CASE PLEASE >>>>>>>>>>>>>>
 

Q. What Does Your Law Firm Need to Start Building a Vaccine Injury Case?

We’ll send you an intake form and ask to have our law firm be named as your legal representative for a vaccine claim. We then ask you to give us details of your injuries and medical records. The first thing we ask for is a copy of all your medical records and a list of every doctor or hospital where you've gotten treatment for your vaccine injuries. This may include emergency room visits and follow up appointments. We use this list to gather and review medical records on file at each location. We are then required to turn over a copy of your complete and comprehensive medical records to the Court.

Q: How long do I have to file a claim if I think a vaccination caused my injury? A: Under the National Vaccine Injury Compensation Program an injured vaccine recipient has 36 months from the onset of the vaccine injury. In a death case a petition must be filled within 24 months of the date of death. There is a 6 month waiting period from the point of original vaccination before the case is actually filed. This period is used to document the extent of injuries from vaccination.

Q. How Do You File a Claim with the National Vaccine Injury Compensation Program? We start your claim by filing a petition with the Court of Federal Claims in Washington, D.C. Once the petition is filed, a Special Master is assigned to the case. A Special Master is a specialized judge that handles only vaccine claims. The Special Master decides the outcome of the case instead of a jury.

Q. What Are the Legal Procedures and What Can I Expect at Trial? The Department of Health and Human Services (HHS) acts as the defendant in these cases. It is represented by the Department of Justice throughout the process. HHS reviews the petition and decides whether to dispute your claim that the vaccine caused the injury or to concede that the vaccine was responsible. If HHS concedes that the vaccine caused the injury, the next step is to determine the value of the damages. If this cannot be agreed on there is a trial (called a hearing) on this topic before the Special Master. If HHS does not concede, there is an initial trial (called a hearing) on the issue of whether the vaccine caused the injury. The trial is typically held where it is most convenient to you. It will usually take place at the nearest local federal court house to where you live. You will testify and it is likely that so will some of your family or friends. Your doctor or doctors may testify. Our expert witnesses will testify about how the vaccine caused the injury. Then the Health and Human Services expert witnesses will testify as to why the vaccine did not cause the injury. The Special Master will then decide whether the vaccine caused the injury. If the Special Master decides in your favor, then we go on to the issue of damages. If we cannot agree with HHS as to the value of the damages, we will have a second trial to determine that.

Q. How Long Does It Take to Complete a Vaccine Injury Claim? This process is designed to be faster than civil litigation. With some exceptions, it usually is. A hearing on whether the vaccine caused the injury usually occurs within a year. Cases that settle can conclude in as little as a few months. Other parts of the Program are extremely beaurocratic and take a long time. For example, once a case is settled, it usually takes six months or more to receive the settlement monies. That’s why a law firm that specializes in vaccine injuries may be needed to struggle and force resolution.

Q. What Type of Monetary Compensation is Awarded in Vaccine Cases? Compensation for a vaccine injury includes monetary damages for pain and suffering, past and future medical expenses, past and future lost wages, and reasonable attorneys' fees and costs. Compensation for pain and suffering is limited to a maximum of $250,000. There is no limit for medical expenses and lost wages. Q. Who Can File A National Vaccine Injury Compensation Program Claim? You do not need to be a citizen of the United States to file a claim. Usually, the vaccine must have been administered in the United States or one of its territories to bring a claim. Some people who receive vaccines outside of the U.S. may be eligible for compensation. In order to be covered by the Program, the injured person must have been a U.S. citizen serving in the military or a U.S. government employee, or have been a dependent of such a citizen; or the injured person must have received a vaccine manufactured by a vaccine company located in the U.S. and returned to the U.S. within 6 months after the date of vaccination. This information is provided strictly as a public service and may not apply to all circumstances. If you have a particular issue, be sure to speak with a lawyer familiar with vaccine injury litigation. Q: Is the human papillomavirus vaccine (HPV)/Gardasil covered under the VICP? Yes. Individuals thought to be injured by the human papillomavirus (HPV) vaccine may be eligible for compensation from the National Vaccine Injury Compensation Program (VICP) as of February 1, 2007.

Q: Does the National Vaccine Injury Compensation Program (VICP) cover meningococcal (conjugate and polysaccharide) vaccines? Yes. Individuals thought to be injured by the meningococcal (conjugate and polysaccharide) vaccines may be eligible for compensation from the National Vaccine Injury Compensation Program (VICP) as of February 1, 2007

Q: Are adults and children who think that they have been injured after receiving the influenza vaccines eligible to file claims with the National Vaccine Injury Compensation Program (VICP)? Yes. An otherwise eligible person (who may be a child or an adult) who receives a trivalent influenza vaccine in the U.S. within the applicable time limits would be eligible to apply for compensation under the VICP even if the vaccine administered is licensed by the Food and Drug Administration (FDA) exclusively for adults.

Q: What vaccines are covered by the National Vaccine Injury Compensation Program (VICP)? Diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, TT, or Td), measles, mumps, rubella (MMR or any components), polio (OPV or IPV), hepatitis A (HAV), hepatitis B (HBV), Haemophilus influenza type b (Hib), varicella (VZV), rotavirus (RV), pneumococcal conjugate (PCV), and trivalent influenza (TIV, LAIV), human papillomavirus (HPV), and meningococcal (MCV4, MPSV4) vaccines are covered by the Vaccine Injury Compensation Program.


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Vaccine News

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