How to File a Vaccine Injury Claim
How to File a Vaccine Injury Claim
Although vaccines are used to prevent further health concerns, some people fall victim to injuries sustained directly from the vaccine or administration of the vaccine. If this happens to you, there is legal action you can take to file a vaccine injury claim and receive compensation for your injuries.
The legal action you should take will depend on which vaccine you were injured by. Some vaccines are covered under a program that provides no-fault compensation to victims. It is best to consult with an attorney on which path you should take to file a claim and receive compensation.
What is the National Vaccine Injury Compensation Program?
The National Vaccine Injury Compensation Program (NVIC) is a no-fault compensation program for victims who were injured by vaccines or the administration of the vaccine. It is an alternative to filing a lawsuit after being injured by a vaccine. This program covers certain vaccines for compensation, including all seasonal flu shots and other vaccines routinely given in the U.S.
The NVIC Program allows you to file claims electronically. If you do not see your vaccine on the list, but you sustained injuries, contact an attorney to see what legal action you can take to receive compensation. If your vaccine is on the list, it is best to walk through the claims process with an experienced vaccine personal injury attorney to ensure that you are giving yourself the best chance at receiving compensation.
What Vaccines Are Covered By the NVIC Program?
The NVIC Program covers most vaccines that are routinely given in the U.S. This injury compensation program includes:
- Diphtheria
- Haemophilus influenza
- Hepatitis A
- Hepatitis B
- Human papillomavirus
- All seasonal influenza vaccines
Vaccines not covered under the program include non-seasonal flu vaccines, and some vaccines administered during outbreaks, such as H1N1. However, these vaccines not covered by the program may be covered by the Countermeasures Injury Compensation Program (CICP).
COVID-19 Vaccine Injury Claims
If you suffer from injuries caused by the COVID-19 vaccine or boosters, you may be eligible to file for compensation with the Countermeasures Injury Compensation Program (CICP). If your loved one died as a result of the COVID-19 vaccine, you may also be entitled to compensation.
Who Funds the Vaccine Injury Compensation Program?
The Vaccine Injury Compensation Program is funded by the Vaccine Injury Compensation Trust Fund, which has been compensating for vaccine injuries administered since 1988. The program is overseen by the U.S. Department of Health and Human Services, the U.S. Department of Justice, and the U.S. Court of Federal Claims.
Aside from vaccines routinely given in the U.S., the VICP also covers vaccines recommended by the CDC to pregnant women.
What Should I Do If I Was Injured By a Vaccine?
If you suspect that your injuries are from a vaccine, make sure you seek medical attention. A medical evaluation helps doctors determine where your injuries came from, which can show that it was from a vaccine. Keep all medical records and documentation that you may receive from the evaluation, or any other treatment related to your injuries. This can be used as supporting documentation when filing your claim.
Make sure you contact an experienced vaccine personal injury lawyer as you are seeking treatment for your injuries. Contacting an experienced attorney as soon as possible can make the claims process easier and quicker, as they can help ensure that you are collecting all the proper information needed to support your claim even before you file.
Where to File a Vaccine Injury Petition
To be compensated by the VICP, you must file a petition with the U.S. Court of Federal Claims. The petition is a lengthy process that is best filled out with the help of an experienced attorney, since it is a legal proceeding.
You must submit medical records along with your petition. Some of the other areas of a petition that must be included are a cover sheet, a table of contents listing all exhibits, and a Pre-Assignment Review (PAR) Questionnaire.
Because of how lengthy the petition can be, it is easy to miss a section. Having an experienced attorney help you file a claim will ensure that you are providing everything that the VICP needs to compensate your claim.
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