Every year, millions of Americans are vaccinated against illnesses and diseases but sometimes the vaccines themselves can cause health problems. While most people who get vaccinated do not experience any serious problem, vaccines can cause serious illnesses, injury, disability, or even death. If you or a loved one have suffered a vaccine-related injury, call us at (815) 289-3209 to discuss your case with a Rockford personal injury lawyer.

Vaccine Injury Compensation Program

In the 1980’s, the federal government enacted the National Childhood Vaccine Injury Act which established the Vaccine Injury Compensation Program (VICP) to compensate injured victims and avoid lawsuits against doctors and vaccine manufacturers. Unlike a traditional lawsuit where you have to go to court and prove the person who injured you was negligent, the VICP offers a no-fault alternative to receiving compensation straight from the government. The program was created in the 1980s after lawsuits against doctors, healthcare providers, and vaccine companies threatened to cause vaccine shortages in the U.S. and reduce the number of people getting vaccinated, which could have caused a reemergence of vaccine preventable diseases (sometimes referred to as a loss of herd immunity). 

Recovering Compensation for Vaccine Injuries

Anyone, no matter what age, who was injured by a covered vaccine can file a petition. Additionally, petitions may be filed on behalf of infants, children, and adolescents. For a vaccine to be covered under the program, the vaccine must be recommended for routine administration to children by the Center for Disease Control and Prevention.

If you were injured by a “covered vaccine” then the steps for bringing a vaccine injury claim include the following:

1. Gather the necessary medical evidence and file a petition with the U.S. Court of Federal Claims.

2. The U.S. Department of Health and Human Services has medical staff review the petition to determine if it meet the medical standards for compensation and makes a preliminary recommendation to the U.S. Department of Justice.

3. The U.S. Department of Justice issues a report to the Court that sets forth a medical and legal analysis of the case.

4. The report is presented to a court-appointed special master, who acts as a judge in the case and decides whether compensation should be awarded.

5. A hearing is held where we present your injury claim and ask for compensation to be awarded.

6. If the claim is successful, the special masters orders the U.S. Department of Health and Human Services to issue a financial award. If the claim is denied, the decision may be appealed and the case may be filed in court against the vaccine company and healthcare providers who administered the vaccine.