Below, you will find commonly asked questions about vaccine injury law.
I believe I have been injured by a vaccine. How do I know if I am eligible to file a claim?
Any individual, of any age, who received a covered vaccine and believes he or she was injured as a result, can file a petition. Parents, legal guardians and legal representatives can file on behalf of children, disabled adults, and individuals who are deceased. However, the effects of the vaccine injury must (1) last for more than 6 months after the vaccination; or (2) resulted in inpatient hospitalization and surgical intervention; or (3) resulted in death.
Are there time limitations to filing a vaccine injury claim?
Yes. The time period within which a petition for vaccine injury must be filed is known as the statute of limitations. A petition must be filed within 3 years after the first symptom of the alleged vaccine injury, or within 2 years of the death and 4 years after the first symptom of the alleged injury that resulted in death.
Where do you file a claim for a vaccine injury?
To be compensated by the National Vaccine Injury Compensation Program (VICP), you must file a petition with the U.S. Court of Federal Claims located in Washington, D.C.
What is a covered vaccine?
The National Vaccine Injury Compensation Program covers most vaccines given routinely to children in the U.S. These vaccines are listed on the Vaccine Injury Table and can be found here.
Are all pneumococcal vaccines covered by the National Vaccine Injury Compensation Program (VICP)?
No, all pneumococcal vaccines are not covered by the VICP. There are two types of pneumococcal vaccines given in the U.S. The pneumococcal conjugate vaccine (PCV13), which is administered routinely to infants and children up to age 5 and recently recommended for all adults 65 years or older, and the pneumococcal polysaccharide vaccine (PPV23), which is given to adults age 65 and older and individuals of varying age with certain medical conditions making them at higher risk for pneumococcal infection. The VICP covers only the pneumococcal conjugate vaccine (PCV13).
What damages can I be compensated for in a vaccine injury case?
If it is determined that you are entitled to compensation for your vaccine injury, you can receive compensation for the following: related expenses, without limits and based on need for care; case of a vaccine-related death.
Past and future unreimbursable medical, custodial and rehabilitation care, and
As much as $250,000 for actual and projected pain and suffering;
Past and future lost earnings; and
As much as $250,000 as a death benefit for the estate of a deceased in the case of a vaccine-related death.
If I hire an attorney, do I have to pay the attorneys’ fees and costs?
Under the Vaccine Injury Compensation Program, attorneys’ fees and costs are paid by the government NOT by the client. By statute, attorneys may not charge any other fee, including a contingency fee, for his or her services in representing a petitioner in the Vaccine Injury Compensation Program.
I believe I have been injured by a vaccine, but I do not live in your state. Can you still represent me?
Yes. We represent injured petitioners in all U.S. states and territories.
How does your firm decide whether or not to take a case?
After you contact us, we will ask you to send us records relating to your vaccine injury. You may have to get these from the hospital or clinic where you sought treatment, but we can explain to you how to do this.
Once we have talked with you about your injury and reviewed the medical records, we will decide whether or not your case is one which presents a reasonable basis for filing a claim in the Vaccine Injury Compensation Program.