Sarah Bennett
If you've suffered harm from a vaccine, you may be entitled to compensation. A lawyer can help you file an insurance claim or lawsuit to recover damages, but does this come at a cost? The good news is that some lawyers work on a 'no win, no fee' basis, so if they don't win your case, you don't pay. In the US, the Vaccine Injury Compensation Program (VICP) is a taxpayer-funded program that covers attorney fees, so there's no cost to you. The same is true in Australia, where the Federal Government's COVID-19 Vaccine Compensation Scheme covers legal fees.
| Characteristics | Values |
|---|---|
| Cost of a lawyer for a vaccine injury claim | Free case review; if you don't win, you don't pay; the Vaccine Court covers your fees; no legal fees |
| Time limit for filing a claim | Within 3 years after the first symptom or manifestation of onset or significant aggravation of the injury; within 2 years of the death and within 4 years of the first symptom in the case of death claims |
| Conditions for compensation | Pain and suffering; past and future treatment costs; medical report fees; past and future loss of earnings; attendant care service costs |
| Claims process | File a claim with the U.S. Court of Federal Claims; the U.S. Department of Health and Human Services (HHS) reviews it; if HHS decides to defend the case, your case will go to the vaccine court |
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What You'll Learn
No-win, no-fee lawyers
If you've suffered harm from a COVID-19 vaccination or the flu vaccine, you may be entitled to compensation. The first step is to determine whether you are eligible for a claim. This can be done through a free case review or consultation, which some lawyers offer.
If you are eligible, you can file a claim under the National Vaccine Injury Compensation Program (NVICP) in the United States or the Federal Government's COVID-19 Vaccine Compensation Scheme in Australia. The NVICP is a taxpayer-funded program that covers a range of vaccines, including the Polio vaccine, multiple Hepatitis vaccines, RV (rotavirus), Seasonal flu, Tetanus/Td, MMR, and DTP. It is important to note that non-seasonal flu vaccinations are not covered by the VICP.
When filing a claim, you can choose to engage a no-win, no-fee lawyer, which means you will only pay for their work if your claim is successful. These lawyers will provide you with a cost agreement upfront, so you know exactly what to expect. While the scheme or court will not cover the legal costs of engaging a lawyer, no-win, no-fee lawyers can help ensure your claim is thorough and considered, maximizing your entitlements.
In the United States, a lawsuit under the NVICP is filed against the United States Secretary of Health and Human Services in the Court of Federal Claims in Washington, DC. The litigation is defended by lawyers within the vaccine litigation group at the United States Department of Justice. The vaccine court will cover your attorney's fees, regardless of the outcome. Similarly, in Australia, the COVID-19 Vaccine Claims Scheme will not pay the legal costs associated with engaging a lawyer, but no-win, no-fee lawyers can help ensure your claim is successful.
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Vaccine Injury Compensation Program (VICP)
The Vaccine Injury Compensation Program (VICP) is a taxpayer-funded program that provides financial compensation to individuals who file a petition and are found to have been injured by a covered vaccine. The VICP was created in the 1980s after lawsuits against vaccine manufacturers and healthcare providers threatened to reduce US vaccination rates.
Any individual who has received a covered vaccine and believes they were 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. The program covers any vaccine listed on its Vaccine Injury Table. This table is regularly reviewed and updated by the Department of Health and Human Services (HHS).
To file a claim under the VICP, a lawsuit must be filed against the United States Secretary of Health and Human Services in the Court of Federal Claims in Washington, DC. The litigation is defended by lawyers within the vaccine litigation group at the United States Department of Justice. The vaccine court has its own rules of evidence and procedure, and knowledge of these rules is vital to the success of any vaccine injury claim. The special master's decision may be appealed, and petitioners who reject the decision of the court or withdraw their petitions within certain timelines may file a claim in civil court against the vaccine company and/or healthcare provider.
The VICP has paid out more than $4.5 billion to over 9,500 individuals since its inception. The program is designed to be a swift, flexible, and less adversarial alternative to traditional tort litigation, providing a no-fault system for resolving vaccine injury petitions. All vaccine claims are managed and adjudicated by the congressionally created Office of Special Masters, which consists of eight special masters appointed to serve four-year terms.
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Court of Federal Claims
The Court of Federal Claims is a special court that handles vaccine injury claims. The court is located in Washington, D.C., and is responsible for resolving petitions for compensation under the VICP (Vaccine Injury Compensation Program). The VICP is a federally funded program that provides compensation to those injured by vaccines, like the flu vaccine, tetanus vaccine, and MMR vaccine. The program was created after the National Childhood Vaccine Injury Act of 1986, which focused on vaccine safety.
The process of filing a vaccine injury claim typically begins with a petition filed with the Court of Federal Claims. A Special Master, a special judge under the federal government, is then assigned to the case. This Special Master decides the outcome of the case instead of a jury. The U.S. Department of Health and Human Services (HHS) reviews the petition and determines whether to dispute the claim. In some cases, HHS may concede that the vaccine caused the injury or illness. The Department of Justice then develops a report that includes a medical recommendation and legal analysis, which is submitted to the Court and presented to the Special Master. The Special Master decides whether the petitioner should receive compensation and determines the amount and type of compensation, if any.
It is important to note that vaccine injury claims are not litigated like traditional civil lawsuits. The process is designed to be quicker than civil litigation, and cases that settle can sometimes conclude within a year. However, more complex cases can take longer, and it may take time to receive settlement compensation. It is recommended that individuals hire a vaccine injury lawyer to guide them through the process and improve their chances of success. Importantly, there are no attorney fees for the claimant, as the Court of Federal Claims pays the attorney's legal fees separately. This means that individuals can seek legal representation without worrying about the financial burden.
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Statute of limitations
In the United States, if you experience a vaccine injury, you have three years from the day the injury symptoms first appear to file a claim under the National Vaccine Injury Compensation Program (VICP). This three-year period applies equally to minors. If the vaccine injury results in death, the deadline to file a claim is two years from the date of death and within four years of the first symptom or manifestation of the injury that ultimately led to death. This two-year limit is consistent across all states, as the VICP operates at the federal level.
The VICP is a taxpayer-funded program that provides compensation for vaccine-related injuries. It is important to act quickly and consult a specialised vaccine injury attorney to ensure that you meet the deadlines. The Discovery Rule does not apply to vaccine injury lawsuits under the VICP, meaning the statute of limitations clock starts ticking when the injury occurs, not when it is discovered.
Healthcare professionals often note vaccine injury symptoms within six months, making the Discovery Rule irrelevant in most cases. However, in rare instances, vaccines can cause unexpected complications, such as Guillain-Barré syndrome or Shoulder Injury Related to Vaccine Administration (SIRVA).
To file a claim under the VICP, a lawsuit must be filed against the United States Secretary of Health and Human Services in the Court of Federal Claims in Washington, DC. The litigation is defended by lawyers within the vaccine litigation group at the United States Department of Justice. The vaccine court has its own rules of evidence and procedure, and knowledge of these rules is vital to the success of any vaccine injury claim.
It is important to note that the VICP covers specific vaccines, primarily those recommended for routine administration to children by the CDC and subject to federal excise tax. The Vaccine Injury Table lists covered vaccines and associated injuries, along with time periods in which symptoms must occur to be presumed as vaccine-induced. Legal representatives can file on behalf of deceased individuals if the injury is believed to have resulted from a VICP-covered vaccine.
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Wrongful death damages
In the United States, vaccine injury claims are filed under the National Vaccine Injury Compensation Program (VICP) or the Vaccine Injury Compensation Program (both referred to as the "Vaccine Program"). The Vaccine Program is a no-fault compensation program that allows individuals who have been injured or killed by certain vaccines to file a claim for compensation. The program is taxpayer-funded and has paid out over $4.5 billion to more than 9500 individuals since its inception.
To file a claim under the Vaccine Program, a lawsuit must be filed against the United States Secretary of Health and Human Services in the Court of Federal Claims in Washington, DC. The litigation is then defended by lawyers within the vaccine litigation group at the United States Department of Justice. The vaccine court has its own rules of evidence and procedure, and knowledge of these rules is vital to the success of any vaccine injury or wrongful death claim.
In terms of wrongful death damages, the laws vary depending on the state. For example, in Wisconsin, the spouse of the deceased person is the "first in line" to receive any damages, with children being able to receive up to 50% of the damages. Additionally, there are some damages, such as loss of consortium, that only a spouse is entitled to, regardless of a child's potential share. Emotional pain and suffering are also capped at a certain amount for the spouse and children.
It is important to note that not all harm is covered by the Vaccine Program. There is a list of prescribed conditions caused by specific vaccines that are compensated, and a list of conditions that are not. As time passes, additional conditions will be added to the list of compensable conditions.
When it comes to lawyer fees, some lawyers claim that their clients will not owe them anything, regardless of the outcome of the case, as their fees will be paid by the Vaccine Court. However, other lawyers work on a ""no win, no fee"" basis, where if they don't win the case, the client doesn't have to pay.
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Frequently asked questions
No, the lawyer does not cost anything in a vaccine injury claim. The VICP (Vaccine Injury Compensation Program) covers lawyers' fees and costs as long as the claim is brought in good faith.
The VICP is a special federal program that provides no-fault compensation to individuals who are injured by a vaccine. It was created by Congress in the 1980s after a wave of vaccine-related lawsuits led some manufacturers to leave the market.
No, you are not required to have a lawyer. However, most people choose to hire one since the process can be complex.
You or your attorney can file a petition for compensation with the U.S. Court of Federal Claims. The petition should include specific medical records and your vaccination record. The Department of Health and Human Services will then review the petition and write a report on whether it meets the criteria for compensation.
Compensation may include medical expenses, lost wages, pain and suffering, and in the case of death, death benefits.
