How is My Child Protected By The National Vaccine Injury Act?

Child Vaccine InjuryVaccines, like all prescription medications, carry certain risks. The National Childhood Vaccine Injury Act (NCVIA) was enacted in November of 1986 instituting vaccine safety reforms in the United States vaccination system, to provide cost-effective arbitration for vaccine injury claims in order to reduce potential financial liability of vaccine manufacturers from vaccine injury claims. In 1988, the National Vaccine Injury Compensation Program (NVICP) was created under NCVIA for the compensation of vaccine related injuries or death. The injury compensation program ensures that individuals and the families of individuals injured by covered childhood vaccines are compensated.

So what does this mean for you? As a parent, you should know how these two pieces of legislation affect and protect your family. The NCVIA requires that all heath care providers who administer vaccinations must provide the vaccine recipient, parent or legal guardian a Vaccine Information Statement (VIS). This statement must be given before every vaccination, including each dose in a multi-dose series, and must contain a brief description of the disease and the benefits and risks of the vaccine.

Vaccine providers must also keep written records of vaccination makers’ names and lot numbers for each vaccine given, report serious health problems or certain adverse events following the vaccination into the child’s permanent medical record and report the same to the Federal Vaccine Adverse Events Reporting System. The NCVIA established the National Vaccine Program Office to coordinate immunization-related activities between all Department of Human Health Services agencies, including the Centers for Disease Control and Prevention, National Institutes of Health and the Food and Drug Administration.

Although the NCVIA was originally focused on children, the NVICP provides compensation to all individuals, both adults and children, injured by vaccines. The NCVIA protects the right for those injured by vaccines to bring a lawsuit in court if federal vaccine injury compensation is denied or is insufficient. The U.S. Court of Claims had awarded nearly $2.5 billion to victims of vaccine injury as of 2012. If you or a loved one have experienced illness or injury from a vaccination, contact us. We are dedicated to protecting your rights and your health.

Reference links:
Vaccine Injury Compensation Program at HRSA
The National Childhood Vaccine Injury Act of 1986 – National Vaccine Information Center