To be compensated by the National Vaccine Injury Compensation Program, you must file a petition with the U.S. Court of Federal Claims. Vaccine attorney, Robert Hanreck is admitted to practice in the United Stated Court of Federal Claims and has assisted clients with National Vaccine Injury Compensation Program claims.
The National Vaccine Injury Compensation Program covers most vaccines routinely given in the U.S.
For a vaccine to be covered, the Centers for Disease Control and Prevention (CDC) must recommend the category of vaccine for routine administration to children or pregnant women, and it must be subject to an excise tax by federal law.
A vaccine claim must usually be brought within 3 years in the case of personal injury or 2 years in the case of wrongful death.
An individual brings a claim by filing a petition. It is important to gather up all of the medical records relating to the years immediately preceding the vaccination, the vaccination itself, and the injuries caused by the vaccination and resultant treatment to support the claim.
After an individual files a petition with the U.S. Court of Federal Claims the U.S. Department of Health and Human Services reviews the claim to see if in their opinion it meets the required criteria for compensation, and makes a preliminary recommendation.
The U.S. Department of Justice develops a report that includes medical recommendation of the Department of Health and Human Services, and their legal analysis and submits it to the Court.
The report is presented to a court-appointed special master, who decides whether the petitioner should be compensated, often after holding a hearing in which both parties can present evidence. If compensation is awarded, the special master determines the amount and type of compensation and orders the U.S. Department of Health and Human Services to award compensation.
The special master’s decision may be appealed and petitioners who reject the decision of the court (or withdraw their petitions within certain timelines) may file a claim in civil court against the vaccine company and/or the health care provider who administered the vaccine.
If you have a question about the vaccine program or want to bring a vaccine injury claim contact our vaccine lawyer to discuss your situation.