Most of the time, vaccines are a routine, uneventful part of healthcare. For certain individuals, however, reactions to the inoculations can cause severe injuries and health conditions. Adults and children alike can find their lives permanently changed by these serious vaccine injuries.
The National Vaccine Injury Compensation Program (VICP) is a no fault system providing compensation to people injured by vaccines. The system recognizes that vaccines can lead to serious injuries, and provides monetary compensation for victims.
The vaccine compensation fund is governed by a set of regulations that includes a description of symptoms that occur within a set period of time following different vaccinations. It is presumed that the adverse symptoms are caused by the vaccination if the symptoms documented in a victim’s medical records meet the stated timeline for the vaccine in question. Compensation may then be available for all medical treatment, including future medical treatment, pain and suffering and any future loss of earning capacity. The fund also pays for the victim’s attorney fees. Compensation is only available if symptoms persist for more than 6 months and the symptoms require medical treatment for the victim.
McDowell & Osburn, PA, has successfully litigated vaccine injuries at the U.S. Court of Federal Claims. A review of a child’s medical records from before and after a vaccination will likely indicate whether a child or adult may be eligible for compensation for a vaccine injury. Any claim must be filed within 36 months of the onset of the injurious symptoms. Attorney Joseph McDowell of our firm is admitted to practice before the Court of Federal Claims.