For persons alleging serious injuries from certain vaccines, there is a special compensation program established by the U.S. Department of Health and Human Services called the National Vaccine Injury Compensation Program (VICP). The program was designed to encourage that claims alleging serious injuries sustained as a result of certain vaccinations be resolved in an alternative claims process that is evaluated by the United States Court of Federal Claims.
This process is a no-fault alternative to the traditional tort system. Since the program was established in 1988, it has compensated more than 1,500 people who have been paid more than $1.18 billion. A claimant is not precluded from filing a state or federal action if dissatisfied with the court's result, but filing a claim under this program may be a prerequisite to a state or federal action. Speak to a personal injury attorney for more information regarding filing claims.
The program covers vaccinations for tetanus, diphtheria, pertussis, measles, mumps, rubella, polio, chicken pox, rotavirus and Haemophilus influenzae Type B. More vaccines are being added to the list as they are developed. It does not cover the H1N1 vaccination, but any alleged injuries from this vaccine may be resolved through the Countermeasures Injury Compensation Program (CICP) established by the Public Awareness and Emergency Preparedness Act (PREP), which also offers liability protections to manufacturers, developers and distributors of these vaccines.
The alternative claims process has resulted in a marked decrease in litigation against drug manufacturers and health care providers who administer the vaccines, which presumably should encourage the development of new vaccines and lower their costs.
Although a claimant can file a petition without an attorney, there are voluminous documents that are required to be filed and time lines adhered to so that the expertise and experience of an attorney may be beneficial. Also, a claimant's attorney's fees and costs are paid under the program regardless of the result.
The claimant should also be aware that the program lists certain minimum requirements that must be met before his or her claim is accepted for determination. For instance, there are specified time limits on the VICP Web site to when a claimant should have noticed when symptoms first appeared. If there is no documentation of initial symptoms or if the alleged appearance was not within the specified time period, it can be more difficult to prove that the vaccine caused the claimed injury or condition.
