What Types Of Vaccine Injuries Are Covered Under The Vaccine Injury Compensation Program?

David Carney by David Carney, Partner of Green & Schafle

Vaccines serve a critical public health function by helping to prevent the spread of dangerous diseases. In most cases, people will receive a vaccine without any incident and move on with their lives in good health. In some situations, however, side effects occur and these can be serious at times. Some vaccine side effects can lead to pain, illness, and even disability in more severe cases. Recognizing this risk, the Federal Government established the Vaccine Injury Compensation Program to provide a fair remedy to those affected by vaccine administration. The VICP is intended to encourage people to get vaccinated, while managing liability for vaccine manufacturers. The program was established after legal claims against vaccine manufacturers and health care providers threatened to reduce vaccine supplies and lower vaccination rates – potentially causing a resurgence of preventable diseases. The VICP creates a streamlined system to allow patients compensation if they are medically injured from a vaccine. Since the 1980s, this has established a more efficient way of addressing vaccine injuries than relying simply on traditional lawsuits in state courts. Since 1988, over $4 billion has been paid to vaccine injury claimants across the United States. The VICP covers most vaccines routinely given in the United States. To qualify, a vaccine must have been recommended by the Centers for Disease Control and Prevention (CDC) for use among children and pregnant women. The vaccine must also be subject to an excise tax under Federal law. The full scope of qualifying vaccines is addressed within the Vaccine Injury Table. These vaccines include but are not limited to: - Diphtheria (DTP, DTaP, Tdap) - Hepatitis A - Hepatitis B - HPV (Human papillomavirus) - Seasonal Influenza (Flu Shot) - Measles - Mumps - Meningococcal - Pertussis - Polio - Rotavirus - Rubella - Tetanus - Varicella The Covid-19 vaccine and related boosters are not currently among the vaccines covered under the VICP. To qualify for compensation through the VICP, patients typically need to show that they suffered symptoms after the vaccination that either lasted 6+ months or resulted in hospitalization. Because the legal path to recovery goes through the U.S. Court of Federal Claims, this can be somewhat complex and it helps to have an experienced vaccine injury attorney at your side. The process involves filing a petition with the Court of Federal Claims, after which medical professionals with the U.S. Department of Health and Human Services determine if the petition meets certain criteria for compensation. If the petition moves forward, the report will be reviewed by a court-appointed special master – who can hold a special hearing if needed and review evidence to determine if compensation should be awarded. In most cases, a claimant’s attorney fees are covered by the program. ### If You or a Loved One has been Injured Due to Vaccine Administration, Our Vaccine Injury Attorneys at Green & Schafle Can Help Sometimes a routine vaccination can have adverse effects and even serious detrimental health consequences. If complications arose shortly after a vaccine and caused significant medical injury, legal remedies may be available to you through the VICP. Our experienced Philadelphia vaccine injury attorneys at Green & Schafle can discuss all options and remedies available under the circumstances. To learn more, feel free to contact our office online or call us today at 1-855-462-3330.
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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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