A person who suffers a rare but serious vaccine adverse reaction may be entitled to financial compensation as part of the Vaccine Injury Compensation Program (VICP). To be eligible, a claim must be filed in the federal vaccine court. The injured party, or petitioner, can file a claim on their own or with the assistance of a vaccine injury lawyer.
A vaccine injury lawyer is familiar with the logistics of vaccine court and can help expedite the claims process. If certain minimal requirements are met, the VICP will pay the attorney fees.
The petitioner’s vaccine injury claim includes:
- Name of the injured party
- Date of Vaccination
- Place of Vaccination
- Description of alleged vaccine injuries
- Whether the injury is listed on the Vaccine Injury Table
A vaccine lawyer may also chose to include relevant medical records and other documentation.
Filing a vaccine injury claim is different from filing a personal injury lawsuit. The VICP was created as an efficient no-fault alternative to the lengthy process of traditional tort claims. All claims are filed in federal vaccine court in Washington, D.C.
Petitions must be filed within three years of the first symptom of the vaccine injury. In the event of a vaccine-related death, a claim must be filed within two years of death and four years after the onset of symptoms of the injury that led to death.
It is not difficult to file a vaccine injury claim, but the process may seem daunting when recovering from a serious vaccine injury. A vaccine injury lawyer can relieve the burden and will ensure a claim is accurately filed before the deadline.
David Carney joined Philadelphia, PA firm, Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. in September 2010. He focuses his practice in medical malpractice, products liability, premises liability, motor vehicle accidents, dram shop, vaccine injury compensation, mass torts, class actions, asbestos and mesothelioma and other personal injury matters.