Court of Federal Claims – Vaccine Injuries
Experienced Ohio Trial Attorney Representing Clients in the United States Court of Federal Claims
Helping families seek compensation from the National Vaccine Injury Compensation Program
Making a monetary claim against the federal government is not like making a claim for compensation with an insurance company. There are special rules and regulations you need to follow, and certain claims can only be heard in certain courts. The Unites States Court of Federal Claims has existed in some form or another since 1855, and it was established so that citizens throughout the country could be heard when making a case against the government for compensation. For victims of defective or dangerous vaccines, the CFC may be your only option to seek justice and compensation.
Steve Crandall, co-founder of Crandall & Pera Law, is admitted to practice in front of the prestigious CFC. He is one of only a handful of attorneys in Ohio who can represent injury victims in such claims. If you or your child sustained an injury because of a vaccine, Steve Crandall can represent your interests in the Court of Federal Claims. He represents clients from Ohio, Kentucky, and across the country in front of this federal court.
The National Childhood Vaccine Injury Act
In 1986, Congress passed the National Childhood Vaccine Injury Act, in response to claims made by families whose children sustained serious injuries, or who died, after receiving a vaccination. In some cases, the children had underlying conditions that triggered an allergy to the vaccine; in other cases, the medicine itself was defective.
The Act established new rules and regulations when it comes to vaccines. As per the Centers for Disease Control and Prevention, health care providers who administer vaccinations must:
- “Provide a vaccine information statement (VIS) to the person getting the vaccine or his or her guardian. A VIS must be given with every vaccination including each dose in a multi-dose series. Each VIS contains a brief description of the disease as well as the risks and benefits of the vaccine.
- Report certain adverse events (health effects occurring after immunization that may or may not be related to the vaccine) following vaccination to the Vaccine Adverse Event Reporting System (VAERS).”
The Act also established the National Vaccine Injury Compensation Program.
The National Vaccine Injury Compensation Program
The National Vaccine Injury Compensation Program is a special fund which allows injury victims to make a claim for compensation in the event that they, or their children, were harmed as a result of a vaccination.
Which vaccines are covered?
The Program only covers vaccines that are “routinely given in the U.S.,” so not every vaccine on the market – like non-seasonal flu shots, or the shingles vaccine – is covered. The NVICP covers the following vaccinations:
- Haemophilus influenza type b polysaccharide conjugate vaccines
- Hepatitis A
- Hepatitis B
- Human papillomavirus
- Seasonal influenza
- Pneumococcal conjugate
We encourage you to check the NVICP to find out more information about which vaccinations are covered, and which may not be.
Am I eligible for compensation from the NVICP?
In order to make a claim for compensation, you must be able to prove:
- You received, or your child received, a vaccination covered by the NVICP.
- That you or your child sustained an injury or were made ill as a result of that vaccine.
- And those effects last at least 6 months, or
- Resulted in a necessary hospitalization or surgical procedure, or
- Led to the death of the patient.
- That, in cases involving children, you are the parent or legal guardian of the child who sustained the injury or developed the illness.
- If the vaccine caused someone’s death, that you are the legal representative of the states of the victim.
NVICP claims do have a statute of limitations:
- “Injury: within 3 years after the first symptom or manifestation of onset or of the significant aggravation of the injury;
- Death: within 2 years of the death and within 4 years of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted.”
In certain cases, the Court may extend the deadline, but that is up to the discretion of the court.
Damages and the National Vaccine Injury Compensation Program
Unlike a personal injury or medical malpractice lawsuit, NVICP claims are limited in scope. For example, punitive damages may not be awarded in a claim. However, you may be able to recover compensation for your medical bills, or for travel expenses. In the event of a wrongful death, your claim will be capped at $250,000. You can find the text of the Act here, if you wish to read more.
In order to make a claim at all, however, you’ll need the help of an attorney like Steve Crandall, who is admitted to practice before the CFC, and can represent clients in Ohio, Kentucky and throughout the country. Attorneys who are not admitted cannot represent you in a claim before the Court.
Helping victims of vaccine-related injuries in Ohio and Kentucky
The process of making a claim for compensation from the National Vaccine Injury Compensation Program can be challenging. You want an injury lawyer who knows how to build a successful case on your behalf. To learn more about Crandall & Pera Law’s services, or to schedule a consultation with Steve Crandall, please call 877.686.8879 in Ohio, 877.651.7764 in Kentucky, or fill out our contact form.