Vaccine Claim FAQs
A high percentage of vaccines are administered safely and operate as intended. However, when adverse consequences are experienced, they can be severe and permanent. At Nahon, Saharovich & Trotz, our vaccine injury attorneys are able to help these victims across the country. If you have suffered an adverse reaction caused by a vaccination, you may be able to assert a claim to recover compensation for your medical bills, lost income from missing work, and pain and suffering. Many people are not aware that they possess these legal rights. Below are common questions you may have if you or a loved one is suffering from injuries caused by a vaccine.
You may be able to recover compensation for your injuries and out of pocket expenses. In 1988, the United States Congress created the National Vaccine Injury Compensation Program (VICP) to help people injured through certain vaccinations. The VICP is funded through a tax placed on vaccines.
Many vaccines have been deemed compensable through the VICP, including:
- MMR (Measles, Mumps, Rubella)
- Hepatitis B
- Oral Polio Vaccine (OPV)
- Inactivated Polio Vaccine (IPV)
- Haemophilus Influenzae Type B (Hib)
- Pneumococcal Conjugate
- Hepatitis A
- Meningococcal (meningitis)
- Human Papillomavirus (HPV)
- Varicella (chicken pox)
As a victim, you may file a Petition through the VICP on your own, but vaccine injury cases are normally highly technical and complex. Failure to abide by the relevant legal requirements could result in the dismissal of your claim. An experienced vaccine injury lawyer can help you by abiding with statutory guidelines, consulting with expert witnesses, and ensuring all forms of compensation are pursued on your behalf.
You should not be required to pay attorney fees and expenses out of pocket. When you hire a lawyer to represent you for your vaccine injury case, all attorney fees and expenses incurred in the pursuit of your case are paid by the VICP. Even when you win your case, the VICP takes care of these costs, which means you do not owe your lawyer a percentage of your settlement.
Like all civil claims, vaccine injury claims have a statute of limitation. Generally speaking, the statute of limitation for a vaccine injury is three years from the date of the first sign of symptoms. If the vaccine injury is death, the statute of limitation is two years from the date of death, but no longer than four years from the date of the first sign of symptoms.
Compensation awarded for vaccine injuries depends on the circumstances. An attorney experienced in handling vaccination claims can help you identify all potential forms of recovery. Compensation you can recover may include medical bills incurred, medical bills for future rehabilitative needs, lost wages, diminished earning capacity, and pain and suffering.
A claim is initiated by filing a Petition with the United States Court of Federal Claims.
The VICP pays for reasonable attorney fees and expenses, meaning you would not owe our law firm any money up front or out of pocket during your case. Instead, our attorney fees and expenses will be paid through the VICP. Attorney fees and expenses are paid separately from any amount awarded to you, meaning your award is not reduced by the amount of attorney fees and expenses.
No. In many instances, vaccine claims filed in the United States Court of Federal Claims are able to be resolved through settlement and negotiation.
If you or a loved one suffered injuries from a vaccine, our legal team is ready to talk to you today. Contact us by calling 800-529-4004 or completing our online form. Our firm, with offices in Tennessee, Arkansas, Mississippi, and Missouri, can handle your case from start to finish, which can include filing a Petition with the United States Court of Federal Claims, obtaining your medical records, consulting with expert witnesses, and properly developing your case in pursuit of maximum compensation. Let our personal injury attorneys get started helping you today.