What is the Statute of Limitations in the Vaccine Program?
The statute of limitations requires that your claim must be filed within three (3) years from the date of onset of symptoms.
However, to be safe, our firm recommends that you file no later than three (3) years from the date of your vaccination.
In the event of a vaccine-related death, a claim must be filed no later than two (2) years from the date of death.
Am I responsible for paying my attorneys' fees and costs?
No. Unlike traditional lawsuits, an injured party does not pay his or her attorney a percentage of his or her awards in the Vaccine Program.
Our legal fees do not come out of any money awarded to you. Instead, our legal fees are paid separately by the United States Court of Federal Claims at the end of the case.
Do you represent clients in my state?
Yes. We represent clients in all fifty (50) states and U.S. territories.
ALL vaccine claims must be filed in the United States Court of Federal Claims in Washington, D.C.
Vaccine injury cases cannot be filed in state or local court. Vaccine injury litigation is a very specialized area of practice, and there are few attorneys that do it. Our vaccine attorneys focus exclusively on this area, and are licensed in the United States Court of Federal Claims.
What compensation is available in the Vaccine Program?
Compensation that may be awarded for a vaccine-related injury includes:
- Reasonable compensation for future medical care
- Reimbursement for past expenses relating to vaccine injury
- Past and future lost earnings
- Up to $250,000 for pain and suffering and emotional distress
Why did Congress create the Vaccine Program?
Congress established the National Vaccine Injury Compensation Program for two reasons:
- To protect the nation’s vaccine supply (by reducing lawsuits against manufacturers), and
- To compensate individuals injured by vaccinations.
Between 1980 and 1986, individuals injured from vaccines brought claims against vaccine manufacturers totaling $3.5 billion. As a result of liability concerns, many pharmaceutical companies stopped producing and distributing vaccines. Because vaccines are an integral part of public health initiatives, and because Congress recognized that “[w]hile most. . .enjoy greater benefit from immunization programs, a small but significant number have been gravely injured,” Congress created the Vaccine Program. Now, any person who is injured from a vaccine must first file a claim in the Vaccine Program, and cannot bring lawsuits against vaccine manufacturers or administrators of vaccines before filing in the Vaccine Program.
How is the Vaccine Program funded?
The Vaccine Injury Compensation Trust Fund provides funding for the National Vaccine Injury Compensation Program. The Trust Fund is funded by an excise tax on each dose of vaccine purchased every year.
Is the risk of a serious adverse reaction to vaccines high?
Vaccinations are an integral aspect of the success of modern public health initiatives. Every single day, adults and children are safely vaccinated.
However, despite the obvious benefits of vaccination, the risk of adverse reaction exists. In rare instances, people experience severe and disabling reactions to vaccinations. Though rare, the risk of injury following vaccination is very real. Congress established the National Vaccine Injury Compensation Program (NVICP) to compensate individuals injured by vaccines.