On the one hand, vaccination has gone a long way in reducing and eradicating diseases that once threatened whole populations. Unfortunately, in the interest of public health, not every individual is protected by vaccinations.
Children in particular can suffer injuries as a result of a vaccine, or a combination of them. Missouri requires a total of 32 immunizations by the time a child is 12 years old. Certain occupations, such as healthcare workers, may also require immunizations in order to go to work.But despite the benefits, children, as well as adults, can suffer an injury as a result of a vaccination. These kinds of injuries tend to be rare, but they do happen, leaving the victim with anything from minor side effects to lifelong painful problems.
The National Vaccine Injury Compensation Program (VICP)
In a standard medical malpractice case, you would file a lawsuit against your doctor, medical office, hospital, or other facilities. But compensation for a vaccine-related injury is handled differently.The National Childhood Vaccine Injury Act of 1986 established the VICP to pay damages to those with vaccine injuries, and their families. It’s a federal program that makes available monetary compensation to injured parties and avoids going through the court system. One source estimates that the VICP has paid out $4 billion in compensation since the fund’s establishment.In addition to keeping these lawsuits out of the civil court system, the VICP allows manufacturers to continue developing vaccines while deferring litigation elsewhere. By offering compensation to injured parties, particularly of childhood vaccines, adequate supplies of vaccines are available, and injured parties have a more efficient means of recovering damages as well as attorney’s fees and other costs.
Filing A Claim With VICP
A petition for a vaccine injury claim is filed in the U.S. Court of Federal Claims and is then reviewed by the U.S. Department of Health and Human Services. HHS medical staff then reviews the petition to determine if it meets the conditions for compensation, then makes an initial recommendation.The US Department of Justice then writes a report with legal analysis and a medical recommendation, then submits it to the court, who appoints a special master for the case.The special master reviews the case to determine if compensation should be awarded. A hearing is usually involved, allowing both parties to present evidence. The special master determines the amount and type of compensation and then orders HHS to award compensation. The Court may award payment of attorneys’ fees and legal costs by HHS even if the petition is dismissed.The decision of the special master can be appealed or rejected by the petitioner, and the petition was withdrawn. The petitioner can then file a lawsuit in civil court against their healthcare provider as well as the vaccine manufacturer.It’s important to note that because the cases are filed with the U.S. Court of Federal Claims, not every attorney will be able to handle your case. These cases aren’t handled at the local or state level. You’ll need to work with an attorney who not only has experience with vaccine injury cases but is licensed to practice in this specific court.
Have You Or A Loved One Suffered A Vaccine Related Injury? Call Popham
The Popham Law Firm is one of the few law firms in Kansas City are whose attorneys have experience in vaccine law and vaccine injury cases. If you or a loved one sustained an injury after a vaccine, call The Popham Law Firm right away at (844) 243-2288 for a free consultation. Whether you win or lose the case (as long as the case was filed in good faith and with a reasonable basis), our fees are paid out of the same fund in which your compensations are paid. Call us today!
