Vaccines are given to thousands of people in the United States every day. In most cases, there are no adverse side effects and patients are safely protected from disease. However, in rare instances, patients can suffer reactions that can be severe and debilitating.
Congress has created a National Vaccine Injury Compensation Program to help patients who have adverse reactions to vaccines. Read on to find out how you can become compensated.
What is the National Injury Compensation Program (NVICP)?
The NVICP was created in 1986 when several lawsuits against vaccine manufacturers threatened to cause a vaccine shortage. To prevent this from happening, the Federal Trust Fund paid billions of dollars to people who had negative side effects from vaccines. This is ongoing and people that experience adverse effects from vaccinations can still be compensated.
How Does the NVICP Work?
If you experienced a severe reaction from vaccination, the United States Court of Federal Claims in Washington, D.C. will need to decide if you are eligible for compensation. Here are the steps you must take to be considered.
- File a lawsuit in the United States Court of Federal Claims against the Secretary of the Department of Health and Human Services.
- The Department of Justice attorneys and the Department of Health & Human Services physicians will decide whether you are eligible for compensation.
- If the government agencies decide you are not eligible, the case will be further reviewed by the Court of Federal Claims to determine the final decision.
Who Can File a Claim?
If you or someone you know experienced adverse side effects from vaccination and would like to file a claim, here are some factors that will determine eligibility.
- A person that believes they were injured due to a vaccination covered by the NVICP
- A parent or legal guardian of a child or disabled adult injured by a vaccination covered by the NVICP
- The legal representative of a deceased person who died due to adverse reactions of a vaccination covered by the NVICP
- It is not necessary to be a U.S. citizen to receive compensation for vaccination injuries
- Some people who have received vaccines outside of the United States I be eligible for compensation
To file, vaccine injuries must produce the following effects:
- The effects of the vaccination must last for more than six months after the vaccine is given or
- The vaccination results in a hospital stay or surgery
- The vaccination results in death
Vaccinations covered by the NVICP include the following:
- 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 – Engerix-B, Recombivax HB, Twinrix
- Hemophilus Influenzae – Type B Polysaccharide Conjugate Vaccines
- Varicella Vaccine – Varivax Chickenpox Virus Vaccine, ProQuad
- Rotavirus Vaccine – Rota Teq
- Pneumococcal Conjugate Vaccines – Prevnar
- Hepatitis A Vaccines – Havrix, VAQTA, Twinrix
- Trivalent Influenza Vaccines – FluMist, FluShield, Fluvirin, Fluzone, Afluria
- Meningococcal Vaccines – Meningococcal Polysaccharide Vaccine (MPSV4), Meningococcal Conjugate Vaccine (MCV4), Menactra
- Human Papillomavirus (HPV) Vaccines – Gardasil, Cervarix
- Polio Inactivated Virus – IPV
Finding the Right Lawyer for Your Vaccine Injury Claim
If you received a vaccine that resulted in a severe injury, it is essential to have a reliable lawyer on your side. A good lawyer will know the ins and outs of the NVICP and they will help you build a strong case so you get the compensation you deserve.
Groth Law Firm, S.C. is a group of attorneys that are ready to deal with personal injury cases nationwide.
Groth Law Firm, S.C.’s attorneys are experienced in all areas of personal injury law. They take a caring approach to treating their clients with a high level of sympathy and compassion. They will fight tirelessly to make sure the people they represent get the results they are looking for.
If you or a loved one has suffered an injury due to a vaccine, it is in your best interests to have a good lawyer by your side. Call Groth Law Firm, S.C. first. We will see to it that justice is served. Call (855) 434-5526
View Our Series on Vaccine Injuries on YouTube