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Advocating For Kentucky Families Who Are Seeking Compensation From The National Vaccine Injury Compensation Program

If you have suffered a vaccine-related injury, the federal government has created a streamlined venue that provides a less adversarial, faster and more cost-effective program to help injured people recover compensation after an injury from standard childhood vaccines. The National Vaccine Injury Compensation Program (VICP) has billions of dollars on hand with which to compensate those who have sustained vaccine-related injuries.

Steve Crandall is a nationally recognized trial attorney with a reputation for getting results for his clients. Steve is admitted to practice in the U.S. Court of Federal Claims, and represents clients with federal claims cases before the Vaccine Court. He represents clients from Kentucky and throughout the United States who have been injured because of vaccines.

What Is The National Childhood Vaccine Injury Act Of 1986?

The NCVIA was passed to help reduce liability for drug manufacturers who created vaccines, and in response to public health concerns regarding injuries that people were suffering after receiving certain vaccines. The U.S. Centers for Disease Control and Prevention (CDC) reports on the following ways in which the NCVIA has been influential in public health:

The establishment of the National Vaccine Program Office, which coordinates immunization-related activities among federal health agencies, including:

  • The U.S. Centers for Disease Control and Prevention (CDC)
  • Food & Drug Administration (FDA)
  • National Institutes of Health (NIH)
  • Health Resources and Services Administration (HRSA)

The NVCIA requires health care providers to:

  • Provide a vaccine information statement (VIS), which contains a brief description of the disease and the risks and benefits of the vaccine. The CDC develops VISs and distributes them to health departments and individual health care providers.
  • Report certain adverse events following vaccination to the Vaccine Adverse Event Reporting System (VAERS).

The NCVIA has also created the National Vaccine Injury Compensation Program (VICP), which compensates victims who have been injured because of vaccines on a “no-fault” basis. It also established a committee from the Institute of Medicine (IOM) to review the literature on vaccine reactions

Which Vaccines Are Included In The National Vaccine Injury Compensation Program?

The vaccines that are “routinely given in the U.S.” are covered under the VICP:

  • Diphtheria
  • Haemophilus influenzae type b polysaccharide conjugate vaccines
  • Hepatitis A
  • Hepatitis B
  • Human papillomavirus
  • Seasonal influenza
  • Measles
  • Mumps
  • Meningococcal
  • Pertussis
  • Pneumococcal conjugate
  • Polio
  • Rotavirus
  • Rubella
  • Tetanus
  • Varicella

Is Your Injury Listed On The Vaccine Injury Table?

The Health Resources and Services Administration (HRSA) maintains a vaccine injury table, which is updated each year to contain the vaccines and injuries, disabilities, illnesses conditions and deaths resulting from the administration of vaccines covered by the National Vaccine Injury Compensation Program. If your injury or your child’s injury is not listed on the vaccine injury table, you may still be able to recover compensation. You will require the services of a Kentucky personal injury attorney with experience representing clients who have suffered an injury because of a vaccine.

Why Was The VICP Program Created?

The National Vaccine Injury Compensation Program was created as an alternative to the traditional approach to providing a venue for recovering compensation to people injured from vaccines, such as products liability or medical malpractice litigation. The VICP program was also created to encourage childhood vaccination. The need to make a streamlined compensation system available for those rare cases of injury from vaccinations has made compulsory vaccination programs possible.

How To Recover Damages From The National Vaccine Injury Compensation Program

Those who have been injured after receiving a vaccine can file a claim against the secretary of the Department of Health and Human Services (HHS) in the U.S. Court of Federal Claims seeking compensation from the Vaccine Trust Fund.

Medical experts at the U.S. Department of Health and Human Services will review the claim to determine whether it meets the criteria for compensation and then make a preliminary recommendation. The Department of Justice then compiles a report that includes the medical recommendation and a legal analysis, and submits the report to a special master at the Vaccine Court to determine whether the claimant will receive compensation.

There may be a hearing where both sides can present evidence. If the claimant prevails, the special master will determine the type and amount of compensation they will receive.

Claimants may recover compensation for vaccine injury-related medical and rehabilitative expenses, for pain and suffering and for lost wages. Additionally, claimants may recover reasonable attorney fees and legal costs. Even in cases when a claimant is unsuccessful in recovering compensation, they may still receive payment for attorney fees if the case had a reasonable basis in fact and was pursued in good faith.

An individual who is not pleased with the Vaccine Court’s final judgment, may file a lawsuit in state or federal court.

We Will Protect Your Rights In The Court Of Federal Claims

If you are planning to make a claim to recover compensation from the National Vaccine Injury Compensation Program, you will require the services of an attorney who is familiar with the complicated process. An injury lawyer from Crandall & Pera Law can build a solid case on your behalf. You are invited to call our Kentucky office at 855-444-6651 or fill out a contact form to schedule a consultation now.