Every year, hundreds of thousands of people in the United States get their vaccinations without any problems.
Yet, there are some cases that do result in adverse reactions. If you suffer from an injury as a result of your vaccine, you will want to acquire the services of a vaccine lawyer.
In this article, we investigate the issues surrounding vaccine lawyers to allow you to negotiate your way through the process.
- 1 Where to Find a Vaccine Lawyer?
- 2 How to Choose a Good Vaccine Lawyer
- 3 Who are Vaccine Lawyers?
- 4 What is the NVICP?
- 5 Do You Need an Attorney?
- 6 How to File a Claim with the NVCIP
- 7 Vaccine Law FAQ
- 8 Conclusion
Where to Find a Vaccine Lawyer?
Finding a vaccine lawyer is as simple as doing a Google search.
This will lead you to the websites of a number of specialist vaccine lawyers. You can make a determination from the website as to your preference.
However, if you want to get a personal recommendation, you should contact the US Court of Federal Claims (Vaccine Court) in Washington, D.C and ask them for a list of recommended vaccine attorneys in your area.
How to Choose a Good Vaccine Lawyer
When deciding on the right
vaccine lawyer to represent you, you should consider the following factors:
- Professional experience – your vaccine lawyer needs to demonstrate a high level of experience in both legal and medical matters. Ask about how many cases he has represented before the Vaccine Court and what sort of success rate he has achieved,
- Personal connection – you need to feel a level of personal connection with your vaccine attorney. You need to be able to communicate openly and fully trust the attorney. So, if you have a gut feeling that you don’t trust the attorney, then he is probably not the right fit for you.
- Availability – before you sign up with the attorney be sure that he or she has enough time to take on your case. If the attorney is already up to their eyeballs in vaccine claims then you are not going to get the personal attention that your case deserves. Move on to an attorney who has the time to devote to your case, even if that person is not s experienced as the mega busy attorney.
Who are Vaccine Lawyers?
Vaccine lawyers are lawyers who specialize in taking up claims on behalf of people who have suffered a vaccine injury and represent those people before the courts.
A Vaccine Injury Lawyer is distinct from a Personal Injury Lawyer, who will not represent a vaccine injury case.
Vaccine injury compensation is a very specialized area of litigation. It involves a number of complex issues in the areas of medicine, science, and law.
Vaccine cases are not filed in local courthouses. They must be filed in the US Court of Federal Claims (Vaccine Court) in Washington, D.C.
They can only be filed by attorneys who are members of the Court of Federal Claims Bar.
Because vaccine cases are so specialized, there are not very many specialist vaccine lawyers in the United States.
Those that dow ill probably be located in Washington D.C. to be close to the Claims Court which is located there.
What is the NVICP?
The National Vaccine Injury Compensation Program was created in the 1980s as an alternative to the traditional court process in terms of pursuing a vaccine compensation case.
It allows any person of any age who claims to have been injured as a result of a vaccine that is covered by the NVICP may make a claim with the program.
The following vaccines are covered by the NVICP:
- Tetanus Toxoid-Containing Vaccines – DTaP, Tdap, DTP-Hib, DT, Td, TT
- Pertussis Antigen-Containing Vaccines – DTaP, Tdap, DTP, P, DTP-Hib
- Measles, Mumps & Rubella virus-containing Vaccines in any Combination – MMR, MR, M, R
- Rubella virus-containing Vaccines – MMR, MR, R
- Measles virus-containing Vaccines – MMR, MR, M
- Polio Live Virus Vaccines – OPV
- Hepatitis B Antigen-Containing Vaccines – Engerix-B, Recombivax HB, Twinrix
- Hemophilus Influenza – Type B Polysaccharide Conjugate Vaccines
- Varicella Vaccine – Varivax Chickenpox Virus Vaccine, ProQuad
- Rotavirus Vaccine – Rota Teq
- Pneumococcal Conjugate Vaccines – Prevnar
- Hepatitis A Vaccines – Havrix, VAQTA, Twinrix
- Trivalent Influenza Vaccines – FluMist, FluShield, Fluvirin, Fluzone, Afluria
- Meningococcal Vaccines – Meningococcal Polysaccharide Vaccine (MPSV4), Meningococcal Conjugate Vaccine (MCV4), Menactra
- Human Papillomavirus (HPV) Vaccines – Gardasil, Cervarix
- Polio Inactivated Virus – IPV
These vaccines are not covered by the NVICP:
- Pneumococcal Polysaccharide Vaccine (PPSV, PPV)
- Herpes Zoster (Shingles) Vaccine
- Pneumovax 23
- Yellow Fever
- Tuberculosis (TB)
- Typhoid Fever
Do You Need an Attorney?
The NVCIP strongly recommends that individuals acquire the services of a vaccine attorney to represent them when filing a claim.
There is no cost involved in hiring a vaccine lawyer because the legal fees are all covered by the court.
Even though the NVCIP process is a non-litigious and non-adversarial process, it is also quite a complicated one that involves complex legal, and medical issues.
Without an experienced vaccine lawyer at your side, you will be at a serious disadvantage.
You should expect your attorney to cover all
incidental costs associated with filing your claim. These may include:
- Filing fees
- Expert witness fees
- Travel expenses
How to File a Claim with the NVCIP
There are 5 steps in the claim process as follows:
- A petition is filed with the U.S. Court of Federal Claims (Vaccine Court).
- Staff from the U.S. Department of Health and Human Services review the petition. They make a determination as to whether or not the petition meets the medical criteria for compensation. If not, the case will be dismissed. If it does, the staff from Health and Human Services will make a preliminary recommendation.
- The U.S. Department of Justice prepares a detailed report that includes a medical report and a legal recommendation. This is submitted to the court.
- The report is given to a court-appointed special master. This person will often hold a hearing in which both parties can present evidence and make their case. The special master then makes a determination as to whether the claimant should be compensated. He will determine the amount of compensation.
- If compensation is to be paid, the court will order the U.S Department of Health and Human Services to make payment.
The decision of the special master of the Court of Federal Claims may be appealed.
The claimant may also file a claim in civil court against the vaccine company or the health care provider as well as making a claim with the NVCIP.
Vaccine Law FAQ
What Is The Average Rate Of Vaccine Lawyers?
If you are placing a claim through the NVICP,
then your attorney fees will be covered by the U.S. Court of Federal
Is It Hard To Win A
Case In Vaccine Injury Court?
The process of working through the vaccine injury court is quite complicated with a number of stages where your case is assessed by government bodies.
Your vaccine attorney will have an opportunity to prove a causal link between your injury and the vaccination.
This can get very involved medically, technically and legally. So, yes it can be difficult to win your case.
However, if you are sure that your injury was caused by the vaccine and feel that you can prove it, you should proceed with a claim.
Will My Vaccine Lawyer Need To Begin Building My Case?
When it comes to medical records and the U.S.
Court of Federal Claims, the more, the better. With that in mind, your vaccine
attorney will want copies of the following:
- Prenatal and Birth Records – Mother’s prenatal record Delivery record Birth Certificate Newborn hospital record including doctors’/nurses’ notes, and radiology/lab results Any hospitalization face sheet with a final diagnosis
- Medical Records Prior to Vaccination Clinic notes (such as Well Baby visits) Private doctor visits Growth charts/lab/radiology results Consultation reports and evaluations Developmental charts
- Vaccination Record (if available) Lot number Manufacturer
- Post-Injury Hospital/Emergency Treatment Records Admission/discharge summaries History and physical records Progress notes (including doctors’/nurses’ notes) Medication records Lab/radiology/EEG results. Flowsheets (respiratory care/treatments) Consultation reports and evaluations
- Post-Injury Outpatient Records History and physical records Progress notes (including doctors’/nurses’ notes) Medication records Lab/radiology/EEG results Clinic notes All evaluations
- Vaccine Adverse Event Reporting System (VAERS) form (if submitted)
- Long Term Records (that apply to your injury) School records Consultation reports and evaluations Educational testing records Psychological testing records Police/ambulance records
How Much Compensation Is Usually Awarded By The U.S. Court Of Federal Claims?
There is no usual amount as each case is taken on its merits.
However, payments will include the amount for pain and suffering, as well as past and future medical expenses, past and future lost wages and reasonable attorney fees.
The maximum amount that the court can award for pain and suffering is $250,000.
Finding a vaccine lawyer should be your first step n filing a claim for compensation in the event of a vaccine-related injury.
Contact the US Court of Federal Claims (Vaccine Court) for up to date recommendations on the best vaccine lawyer in your area.https://vaccinecompensation.org/vaccine-compensation-uk/