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.
### 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.
At Green & Schafle, we work tirelessly every day to make sure our clients’ cases become our
causes. Our clients have suffered some of the most tragic and catastrophic outcomes through
no fault of their own and it is our job to not only advocate for them to get justice, but to also
listen to their hardships and care about them as people so that we can be the best trial lawyers
we can for their cases. At Green & Schafle, we advocate for our clients through three core
Authentic. We will always be honest, forthright and direct when analyzing the merits of
your case, the status of your lawsuit, and the reasonable outcomes associated your
particular case.Caring. We understand how important your case is to your future wellbeing and
livelihood, and we strive to show the greatest amount of empathy for your individual
situation so that we can prosecute your case that best benefits you.
Communication. We will always be responsive to your requests for updates and
education on your case. This is a team effort and our goal to is make sure you are
updated and informed every step of the way so that you can feel good about how your
case is being handled.
These are our core principles at Green & Schafle where #GreenCares.
See some of our personal injury settlements.
David is one of the nation’s leading vaccine trial lawyers focusing his practice on vaccine-related injuries
Evan has devoted her practice to representing individuals injured by vaccines
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