What Is the National Vaccine Injury Compensation Program?

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What our vaccine lawyers can do for you

We help individuals experiencing flu shot injuries, and other vaccine reactions file a petition for compensation with the Federal vaccine court

The U.S. Court of Federal Claims pays our attorney fees, so there’s no cost to you to work with us. We take the vaccine injury claim process off your hands so you can stay focused on what matters most – taking care of yourself or a loved one affected by a vaccine injury.

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Gabi, a vaccine injury client, talks about her experience consulting an attorney about her vaccine injury case with vaccine lawyer David Carney that led to a large cash settlement for her injury case.
## What Is the National Vaccine Injury Compensation Program (VICP)? On October 1, 1988, the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. §§ 300aa-1 to 300aa-34) created the National Vaccine Injury Compensation Program (VICP). The VICP was established to guarantee that a sufficient number of vaccines were manufactured for the public, to stabilize vaccine manufacturing expenses, and most importantly, to provide an efficient forum for those who have suffered adverse effects from vaccines to obtain meaningful compensation. The VICP is a “no-fault” compensation program, which means that individuals only need to prove that the vaccine caused the alleged injury. No proof of a defective product is required.
## Who Funds the Vaccine Injury Compensation Program? The National Vaccine Injury Compensation Program is funded by the Vaccine Injury Compensation Trust Fund and it compensates all vaccine-related injuries or deaths for covered vaccines administered after October 1, 1988. The Trust Fund is funded by a $0.75 excise tax on all vaccines that are recommended by the Centers for Disease Control and Prevention for routine administration to children. The excise tax imposed is based on the number of diseases that the vaccine is designed to inoculate against. For example, the measles, mumps and rubella vaccine, which is manufactured and administered to inoculate against all three diseases, is taxed at $2.25 per vaccine. Each influenza vaccine is taxed at $0.75 per dose. This tax is collected by the Department of the Treasury, which also manages the Trust Fund’s investments of the excise tax. Currently, the vaccine fund totals approximately $3.8 billion, and growing.
## Which Vaccines Are Covered by the National Vaccine Injury Compensation Program? The Vaccine Injury Table lists all of the vaccines that are covered by the Vaccine Injury Compensation Program (VICP). If a vaccine is not contained on the Vaccine Injury Table, then an injury that is allegedly caused by the vaccine is ineligible for compensation in the VICP. Vaccines that are listed on the Vaccine Injury Table are: tetanus toxoid vaccines (DTaP, DTP, DT, Td, or TT), pertussis vaccines (DTP, DTaP, P, DTP-Hib), measles, mumps and rubella vaccines (MMR or any variants), polio virus vaccine, Hepatitis A, Hepatitis B, Haemophilus influenza type b (Hib), Varicella, rotavirus, pneumococcal conjugate vaccines, seasonal influenza, meningococcal vaccines, and human papillomavirus (HPV) vaccines.
## Where are Vaccine Injury Cases Filed? If you have been injured from one of the above vaccines, your case must be filed in the National Vaccine Injury Compensation Program through the U.S. Court of Federal Claims in Washington, D.C. This Court is the venue for all National Vaccine Injury Compensation Program cases no matter if you live in California, Texas, Alabama, Florida or Maine. It is convenient for all cases to be filed in the same court so that this court routinely sees and evaluates similar cases. Any time a court appearance is required of our clients, we make every effort to set up videoconferencing so that travel is limited, and our clients are not inconvenienced.
## What Compensation is Available in the Vaccine Injury Program? After successfully proving a vaccine injury case, injured victims are entitled to compensation for their injuries, consisting of: - **Physical pain and suffering:** is the pain of the plaintiff’s actual physical injuries. - **Mental pain and suffering:** results from the claimant’s being physically injured and includes things like mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock. - **Lost Wages:** A lost wages analysis includes analyzing how much time the injured individual lost from work or will lose from work in the future should they be unable to return to work in the same capacity. - **Medical Expenses:** All medical expenses, not covered by health insurance, related to the vaccine-injury are reimbursable. This includes co-pays, hospital deductibles, prescription co-pays, hospital bills, etc. Having documentation of your receipts or Explanation of Benefits from your health insurance carrier is critical.
## Get Help From a Licensed Vaccine Injury Attorney If you or a loved one believe you have suffered an injury from a vaccine, please request a callback below and David Carney and his vaccine injury team will contact you directly to personally discuss your case with you free of charge.
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What is the VICP? How does the VICP Work? What Vaccines are Covered by the VICP? How to File a Petition? Who Can File a Petition? What are the VICP Petition Steps? Do You Need a Lawyer to File a VICP Petition? What are the VICP Vaccine Injury Severity Requirements? What are the VICP Statute of Limitations? What are Vaccine Injury Settlements and Payouts?
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