For many people, the idea of a vaccine injury seems like a remote and unlikely event. However, for the individuals and families who experience them, the consequences can be life-altering. Navigating the legal and medical complexities of a vaccine injury claim can be an overwhelming journey. This is where the National Vaccine Injury Compensation Program (VICP) comes in. At our law firm, we believe in educating our community about this vital, yet often misunderstood, federal program. Understanding its purpose, process, and key components is the first step toward seeking the justice you deserve.
What is VICP?
Established in 1986 through the National Childhood Vaccine Injury Act, the VICP was created as a "no-fault" alternative to the traditional civil court system for resolving vaccine injury claims. . Its primary goal was to ensure a stable supply of vaccines for the American public by shielding manufacturers from the threat of costly and unpredictable litigation. The program operates with a fund financed by a 75-cent excise tax on each dose of a covered vaccine. This fund is used to compensate individuals who are found to have been injured by a vaccine.
The process of filing a claim under the VICP is distinct from a conventional lawsuit. Claims are filed in the U.S. Court of Federal Claims, often referred to as "vaccine court." Cases are presided over by a specialized group of legal experts known as special masters, who review the evidence and issue decisions. A key component of the program is the Vaccine Injury Table, which lists specific injuries that are presumed to be caused by a vaccine if they occur within a specific timeframe. For example, if a flu shot leads to a specific injury on the table within the designated time period, the petitioner has a much easier path to proving causation. If an injury is not on the table, the claimant must provide medical evidence to prove that the vaccine was the direct cause of the injury.
A significant benefit of the VICP is that it helps petitioners by covering the costs of legal representation for all reasonable claims, even if compensation is not ultimately awarded. This provision is designed to ensure that everyone who has a legitimate claim can seek legal counsel without the financial risk typically associated with litigation. The VICP is not about assigning blame or proving negligence; it is about providing fair and efficient compensation to those who have been harmed.
Navigating VICP
The VICP is a complex legal system with strict procedures and deadlines. Successfully navigating it requires an in-depth understanding of both legal and medical principles. If you believe you or a loved one has suffered a vaccine injury, don't face this challenge alone. Our experienced attorneys are dedicated to helping clients in Rochester and Buffalo, NY, understand their rights and pursue the compensation they are entitled to under the VICP. We invite you to contact our office for a free, confidential consultation to discuss your specific situation.