VACCINE INJURY COMPENSATION

The Covid-19 Vaccine is covered by a different program called the Countermeasures Injury Compensation Program. 

You may be eligible to file a claim in the Vaccine Injury Compensation Program. Contact our legal team to find out if you qualify.

The National Vaccine Injury Compensation Program (Vaccine Injury Compensation Program) was created by Congress in 1986 after a series of lawsuits against vaccine manufacturers threatened to create vaccine shortages. So far, this federal trust fund paid out billions of dollars in damages to thousands of people suffering from adverse reactions to vaccinations. Billions of dollars are available for future compensations as well.

Covered vaccines include:

• Seasonal Flu Shot
• Tetanus Toxoid-Containing Vaccines – DTaP, Tdap, DTP-Hib, DT, Td, TT
• Pertussis Antigen-Containing Vaccines – DTaP, Tdap, DTP, P, DTP-Hib
• Measles, Mumps & Rubella Virus-Containing Vaccines in any Combination – MMR, MR, M, R
• Rubella Virus-Containing Vaccines – MMR, MR, R
• Measles Virus-Containing Vaccines – MMR, MR, M
• Polio Live Virus Vaccines – OPV
• Hepatitis B Antigen-Containing Vaccines 
• Hemophilus Influenzae – Type B Polysaccharide Conjugate Vaccines
• Varicella Vaccine – Chickenpox Virus Vaccine
• Rotavirus Vaccine 
• Pneumococcal Conjugate Vaccines 
• Hepatitis A Vaccines 
• Meningococcal Vaccines – Meningococcal Polysaccharide Vaccine (MPSV4), Meningococcal Conjugate Vaccine (MCV4)
• Human Papillomavirus (HPV) Vaccines 
• Polio Inactivated Virus – IPV

The Covid-19 Vaccine is NOT covered. If your injury is a result of one of the vaccinations listed below, you are ineligible for the Vaccine Injury Compensation Program.  

• Covid-19 Vaccine
• Pneumococcal polysaccharide vaccines meant for older adults – PPSV23
• RSV or respiratory syncytial virus
• Shingles (Herpes Zoster) Vaccine
• Rabies
• Anthrax
• Smallpox
• Yellow Fever
• Tuberculosis (TB)
• Typhoid Fever

You do not need to be a citizen of the United States to file a claim. Usually, the vaccine must have been administered in the United States or one of its territories to bring a claim. Some people who receive vaccines outside of the U.S. may be eligible for compensation.

In order to be covered by the Vaccine Program when overseas, the injured person must be a U.S. citizen serving in the military or a U.S. government employee or have been a dependent of such a citizen; or the injured person must have received a vaccine manufactured by a vaccine company located in the U.S. and returned to the U.S. within 6 months after the date of vaccination.

Your claim is starts by filing a petition with the Court of Federal Claims in Washington, D.C. Once the petition is filed, a Special Master is assigned to the case. A Special Master is a type of judge that handles only vaccine injury claims. The Special Master decides the outcome of the case instead of a jury.

The first thing we do in your case is get a copies of all the medical records related to your vaccine injury. We are then required to turn over a copy of your complete and comprehensive medical records to the Court.

The Department of Health and Human Services (HHS) acts as the defendant in these cases. It is represented by Department of Justice (DOJ) attorneys throughout the process.

HHS reviews your petition and decides whether to dispute your claim that the vaccine caused the injury or to concede that the vaccine was responsible. If HHS concedes that the vaccine did cause the injury, the next step is to determine the value of the damages. However, if this cannot be agreed on, then there is a trial (called a hearing) on the topic of damages before the Special Master.

You may testify and so may some of your family or friends. It may be helpful to have your doctors testify. An expert physician hired on your behalf will testify about how the vaccine caused the injury.

Then, at least one Health and Human Services expert witness will likely testify as to why the vaccine did not cause the injury. Following this, the Special Master will decide whether the vaccine caused the injury.

If the Special Master decides in your favor, then we go on to the issue of damages. If we cannot agree with HHS as to the value of the damages, there will be a second trial to determine the amount of compensation.

This process is designed to be quicker than civil litigation. With some exceptions, it usually is. A hearing on whether the vaccine caused the injury often occurs within a year. Cases that settle can conclude in as little as a year. Other cases, despite our best efforts, can take several years.

Compensation includes monetary damages for pain and suffering, past and future medical expenses, past and future lost wages, and reasonable attorneys’ fees and costs. Compensation paid out for pain and suffering is limited to a maximum of $250,000. There is no limit of compensation for medical expenses and lost wages.

You can review more than 700 of our vaccine injury case result amounts here. 

We strongly believe that attorneys who practice primarily vaccine injury law are best suited to these cases. You can read more about why most personal injury lawyers may not have the right experience or have a bar admission to practice in the VICP.

It costs you nothing. A case evaluation is free. Plus, the Vaccine Injury Compensation Program pays for attorneys’ fees, so you won’t pay anything out of pocket for us to represent you in a vaccine injury case.