The vast majority of people who get vaccinated do not have any problems as a result. They experience the benefits of vaccination for the most part. The federal Vaccine Injury Compensation Program (VICP) provides compensation to people who have been injured by vaccines.
The program started processing claims for compensation in 1988. The VICP allows people who have been injured by a vaccination to file a vaccine injury claim through a process that is more simple and efficient than civil courts.
If a person’s claim is determined to be valid, they receive compensation from a Vaccine Recovery Fund. The fund is supported by a small tax on vaccines.
A person must apply for this federal compensation through the VICP before they are free to file lawsuits for money damages against vaccine manufacturers in civil court. VCIP claims are filed with the U.S. Court of Federal Claims, Office of Special Masters. Most people hire attorneys to represent them in filing these petitions for them.
Since it started up about 35 years ago, the VICP has successfully offered people a less confrontational and less costly way of getting compensation than that offered by the traditional system of civil lawsuits that is used in most medical malpractice, personal injury, and product liability cases. Reportedly, about 9,500 people have been paid more than $4.5 billion since the VICP started in 1988.
The average claim is paid within one and one-half years of its filing. Lawsuits in civil courts usually take several years to reach a conclusion.
What Types of Vaccines Does VICP Cover?
The VICP mostly covers injuries resulting from the standard childhood vaccinations. The list of vaccines may be subject to change as new vaccines are created. But at the moment, they include the following:
- Diphtheria;
- Tetanus;
- Pertussis (whooping cough);
- Measles;
- Mumps;
- Rubella (German measles);
- Polio;
- Hepatitis A;
- Hepatitis B;
- Varicella (chickenpox);
- Hemophilus;
- Influenzae type b;
- Rotavirus;
- Pneumococcal conjugate;
- Trivalent influenza (seasonal flu);
- Meningococcal conjugate;
- Human papillomavirus.
It is important to recognize, however, that there is no age limitation on who may file a claim with VICP.
Who is Eligible for Compensation Through the Vaccine Injury Compensation Program?
The following people are eligible to recover damages via the VICP claim process:
- People who believe they may have been injured by one of the listed vaccines;
- Parents or legal guardians of the person injured;
- The estate representative of a person who died due to a vaccine injury.
These people must provide proof that the injury was caused by one of the vaccines covered under VICP. Proof of the cause of an injury can be challenging to establish, as it requires extensive medical records that show how the vaccine caused the injury. Approximately 3.1 billion vaccines were administered in the 10 years after the VICP became effective. Some 5,500 petitions were filed, and 3,800 of the claimants were compensated.
In addition, there is a table of injuries provided in the VICP. A person who files a claim has a greater chance of obtaining compensation if their injury is listed in this table. If it is not, they may need to provide evidence of the extent of their injury. Applicants can also recover for pre-existing conditions that were aggravated or made worse by a vaccine.
Lastly, the injury needs to have lasted for a minimum of 6 months after the vaccine was administered. The injury must have resulted in a stay in the hospital and surgery or resulted in the person’s death. In other words, insignificant effects of getting vaccinated, e.g., upper arm aches that last a few days, do not entitle a person to get compensation.
What Is the Claims Process?
An individual who believes they have a claim must file it with the U.S. Court of Federal Claims. They will need to submit their petition, along with medical records and other documentation of their injury. An attorney’s help can prove invaluable.
Once the claim is filed, the Secretary of the Department of Health and Human Services (HHS) is named as the respondent in the case. The person who files the claim is the petitioner. First, the HHS reviews the case to determine whether compensation is merited. They make a recommendation based on their findings.
The Department of Justice (DOJ) then submits a report that includes the findings to the court. A DOJ attorney presents the respondent’s side of the case before a “Special Master,” who decides what compensation will be awarded to the petitioner. Often, a hearing is held with both sides having an opportunity to present their side of the case.
Usually, as long as a claim is one that can be compensated, and often even, if it is not, attorney’s fees and costs are awarded. Other types of losses may be covered, as well.
After the petitioner has filed with the VICP, they may file a personal injury lawsuit against the vaccine manufacturer in civil court if they are not satisfied with the result. Or, the Special Master’s decision may be appealed.
Reportedly, few people who submit claims to the VICP are dissatisfied with the result, and few go on to file civil lawsuits in court. For the most part, people who file claims with the VICP believe the system adequately compensates them.
What Types of Losses Are Covered by the VICP?
Under the VICP, a person who has been injured by a vaccine may be reimbursed for the following losses:
The representatives of deceased victims can recover up to $250,000 as a death benefit, plus attorney’s fees and court costs.
Among the more common injuries that people experience when they get vaccinated are shoulder injuries related to vaccine administration (SIRVA) and Guillain-Barre Syndrome (GBS). Many vaccines are injected into the shoulder of the patient.
Examples are vaccines for flu and tetanus. These injections cause very little pain and discomfort at the injection site for the vast majority of people, and any pain dissipates after a couple of days. However, in a few people, SIRVE causes intense pain and limited range of motion in the shoulder and upper arm.
Guillain-Barré Syndrome (GBS) is a potentially disabling illness. It starts with feelings of weakness or tingling in a person’s legs. Over time, these symptoms can increase and ultimately lead to paralysis of certain muscles. Total paralysis, which can be life-threatening, is a possibility.
Of course, allergic reactions, including anaphylaxis, which can prove fatal, are a rare occurrence but can happen as a result of a vaccination.
What Is the Statute of Limitations for the VICP?
The statute of limitations for filing a VICP claim is 36 months from the date that a person experiences their first symptom or manifestation of a significant injury or the aggravation of an injury.
Consider that a person claims that a loved one experienced a fatal side effect. In that case, the statute of limitations is 24 months from the date of death, but in any case, no longer than 48 months after the person experienced their first symptom of injury or the aggravation of the injury which caused the person’s death.
Do I Need a Lawyer to Help Me File a VICP Claim?
To file a claim under the Vaccine Injury Compensation Program, you will need to file a legal petition with the U.S. Court of Federal Claims. Most people have a lawyer for help when filing a VICP claim since it involves a great deal of paperwork and many legal forms. The VICP pays for a person’s attorney’s fees, so they need not worry about the cost of having legal representation.
LegalMatch.com can connect you to an experienced class action lawyer in your area who can assist you throughout the process. If you have a non-VICP claim, you may be able to pursue a private civil lawsuit against a doctor or manufacturer. Again, your personal injury lawyer can represent you in both types of cases and will know which path is the way forward in your case.
