What is the National Vaccine Injury Compensation Program?

After getting a vaccine, it is common to experience side effects such as a low fever and pain at the site of the injection. But in some cases, reactions can be more serious. Some patients may experience severe allergic reactions and injuries that can lead to extended hospital stays, surgeries, long term health conditions, and even death.

People that incur vaccine-related injuries may receive compensation through the National Vaccine Injury Compensation Program (NVICP). Those that have experienced adverse reactions may file a petition through the program. If they are found eligible, they may receive compensation for the damages incurred.

Read on to find out more about the NVICP and how it works.

What is the NVICP?

The NVICP was put in place by the U.S. Congress in the 1980s after several lawsuits against vaccine companies threatened to cause a shortage of vaccines and reduce vaccine rates which would, in turn, lead to a resurgence of preventable diseases. It is a no-fault alternative to the legal system’s process of resolving vaccine injury-related lawsuits.  

Those who incurred an injury that they believe was caused by a vaccination covered under the NVICP can file a petition for damages. Parents and legal guardians and representatives can file petitions on behalf of minors, disabled adults, and deceased individuals.

What is the Filing Process Like?

If you or a loved one incurred a vaccine-related injury, here is the process you will need to follow to receive compensation.

1. You must file a petition with the U.S. Court of Federal Claims.
2. The U.S. Department of Health and Human Services will review the petition to determine if it meets the medical criteria for compensation. Then the staff makes a preliminary recommendation on the case.
3. The U.S. Department of Justice develops a report that includes the medical recommendation and legal analysis of the case. The report is then submitted to a court-appointed special master.
4. The special master reviews the report and oversees an open hearing in which both parties can present evidence. He or she then decides if compensation should be awarded as well as the amount of compensation that is appropriate.
5. The court orders to the U.S. Department of Health and Human Services to award compensation. Even if the petition is dismissed, in some cases, the Court may order the Department to pay the plaintiff’s attorney fees.

Do I Need a Lawyer for My NVICP Claim? 

Most people have a lawyer to represent them in their NVICP claim. A lawyer will determine if you are eligible for compensation. They will help you build evidence that links your condition to the vaccine and proves the severity of your injuries.

If you are looking for a lawyer to represent you in your NVICP claim, the Groth Law Firm is recommended.

The Groth Law Firm is a group of experienced vaccine injury attorneys that will work for you every step of the way. They will hire a team of investigators to make sure you have every advantage when it comes to winning your case. They provide a high level of customer service keeping their clients informed in every step of the legal process.

A vaccine-related injury can greatly reduce the quality of life. Make sure you get the compensation you deserve. Call the Groth Firm for a free consultation today.