How long do I have to file my claim in the VICP after my vaccination(s)?
To bring a case for a vaccine-related injury, the statute of limitations (SOL) requires that your claim must be filed within three (3) years from the date of onset of symptoms. However, to be safe, our firm recommends that you file no later than three (3) years from the date of your vaccination. In the event of a vaccine-related death, a claim must be filed no later than two (2) years from the date of death. The law does provide that a vaccine-injured person who loses his or her case in the Vaccine Program, or who rejects the Program’s award as inadequate, has the right to file a civil action against the administrator or manufacturer of the vaccine. While most states have “tolling provisions” that extend the state statutes of limitations for minors and mentally handicapped persons, the Vaccine Program has no such provisions. However, once a claim is filed in the Vaccine Program the state statute of limitations is suspended and does not resume until the Vaccine Program proceedings have ended.
Am I responsible for paying my attorneys' fees and costs?
No. Unlike traditional lawsuits, an injured party does not pay his or her attorney a percentage of his or her awards. The VICP compensates reasonable attorneys’ fees and costs which are paid separately from any compensation award. We do ask our clients to pay the $350 petition filing fee required by the U.S. Court of Federal Claims. This cost is reimbursed at the conclusion of your case, win or lose.
Do you represent clients in my state?
Yes. We represent clients in all fifty (50) states and the U.S. territories.
How long will it take to resolve my claim in the VICP?
The Vaccine Program is intended to provide compensation to individuals who have experienced adverse reactions to vaccines in a swift, flexible, and less adversarial proceeding. However, depending on the complexity of your case, it may take several years to resolve your claim. Once our firm has accepted your case, you can track the status of your case online via a user name and password.
If I am determined to be entitled to compensation, what does the VICP cover?
Compensation that may be awarded for a vaccine-related injury includes: reasonable compensation for past and future medical care, custodial care and rehabilitation costs, past and future lost earnings, up to $250,000 for pain and suffering and emotional distress, and reasonable attorneys’ fees and costs. The federal government pays attorneys separately from the award for compensation for the injured party.
Why did Congress create the Vaccine Program?
Congress established the National Vaccine Injury Compensation Program to protect the nation’s vaccine supply by reducing lawsuits against manufacturers and to compensate individuals injured by vaccinations. Congress recognized that “[w]hile most. . .enjoy greater benefit from immunization programs, a small but significant number have been gravely injured.” Between 1980 and 1986, individuals injured from vaccines brought claims against vaccine manufacturers totaling $3.5 billion.
How is the Vaccine Program funded?
The Vaccine Injury Compensation Trust Fund provides funding for the National Vaccine Injury Compensation Program to compensate vaccine-related injury or death claims for covered vaccines administered on or after October 1, 1988. The Trust Fund is funded by an excise tax on each dose of vaccine purchased (i.e., each disease prevented in a dose of vaccine). The 2009 Fiscal Year Budget indicated that the estimated balance of the Trust Fund at the end of fiscal year 2009 was $2.8 billion.
Is the risk of a serious adverse reaction to vaccines high?
Conway, Homer & Chin-Caplan (“CHCC”) has successfully received compensation for many clients who suffered an injury following vaccination. We are America’s most experienced Vaccine Injury Law Firm and represent people in all fifty states.