How to File a Petition with the NVICP
The NVICP provides compensation to those who have been injured by the administration of a specific vaccine. These vaccines can be administered either by vaccine manufacturers or private individuals in order to receive compensation. If you have been injured by a vaccine, consult with your attorney to prepare to file a petition with the NVICP.
National Vaccine Injury Compensation Program Statute of Limitations
The statute of limitations for the National Vaccine Injury Compensation Program states that claims made on or after October 1, 1988 must be filed within 24 months in the case of death or within 36 months after the first symptoms appeared. Any injuries administered prior to October 1, 1988 are subject to dismissal by the U.S. Court of Federal Claims.
Which Vaccines Are Covered by the NVICP?
There are several types of vaccines covered by the NVICP in which you can receive compensation for your injuries sustained from the vaccine or vaccine’s administration. Vaccines covered by the NVICP include:
- Anaphylaxis
- Paralytic polio
- Encephalopathy
- All seasonal influenza vaccines
- Diphtheria
- Haemophilus influenza type B
- Measles
- Mumps
- Tetanus
- Hepatitis A
- Hepatitis B
The full list of vaccines covered by the NVICP can be found on the Health resources & Services Administration (HRSA) website.
Steps for Filing a Petition with the NVICP
To file a petition with the NVICP for your vaccine injury, you must file with the U.S. Court of Federal Claims and send a copy to the Department of Health and Human Services. Filing a petition includes gathering medical records resulting from your injuries, the date in which you received the vaccine, when you began experiencing your first symptoms, how long symptoms occurred and if they progressed, and whether you have ever petitioned for a vaccine injury before.
Because of how extensive the petition can be, you will want to have an attorney help you file the petition to ensure that you’ve gathered all the necessary information and filed the petition correctly. You would not want to have your petition rejected or delay receiving compensation because it was not filled out correctly.
Seek Out National Vaccine Injury Compensation Program Attorneys
National Vaccine Injury Compensation Program attorneys have expertise in navigating each step you need to take to file a petition and receive compensation for your injuries. To receive compensation, you must go before the U.S. Court of Federal Claims with your petition. For this reason, you will need an experienced attorney by your side.
Bonville and Howard Attorney at Law is a team of attorneys with years of experience handling vaccine injury claims in the U.S. Court of Federal Claims. They can help provide you with the best chance at receiving compensation for your injuries.
Building Your Case
Building your case in order to file a petition cannot be done in a day. You will need to gather necessary medical records, information, and any experts that could help testify if the case goes to trial. The process of obtaining all the information you need, then building it out into a strong case to defend your claims could take multiple months.
Defend Your Claim
After you file your petition with the U.S. Court of Federal Claims, your claim could be challenged in a formal trial. If this is the case, it would occur in a federal courthouse in your location. During this process, an attorney can help you find experts that can testify on your behalf, and also help defend you against claims that court hurt your case.
How Long Does It Take to Receive Vaccine Injury Compensation?
Compensation for your vaccine injury is not instant, even after a claim is settled. It can take a long time before receiving compensation for the injuries you sustained from a vaccine. This could be anywhere from 1-4 years or longer, depending on if the case goes to trial, how long it goes to trial, and when the claim is settled, whether that is with or without a trial.
There is no set deadline to receive compensation for a vaccine injury.
Don’t Rush to Receive Compensation
When handling petitions for vaccine injury claims, you will want to be patient with the process. Although the process between petitioning to trial to receiving compensation may take a while, you will want to ensure that you take the time to give yourself the best chance at receiving compensation.
If you rush to file the petition, you could miss something that determines whether or not you receive compensation. If your vaccine injury claim is rejected, you may not be able to receive compensation at all. Or, you may have to dispute their decision, which could take even longer.
Disclaimer
The information contained in this blog is for general information purposes only. Bonville & Howard assumes no responsibility for errors or omissions in the contents of the blog.
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