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4 Things to Know If You've Been Hurt by a Vaccine
September 20, 2019
Vaccines generally provide an effective way to protect people from dangerous diseases, and they've done a tremendous amount of good for public health at large. However, as with any medical procedure, there are potential negative side effects of vaccines.
If you've experienced serious negative side effects due to a vaccine, here are four things you should know.
1. A Federal Program Provides Compensation
First, you don't have to take on a major vaccine manufacturer by yourself if you think you've been harmed by an immunization. The National Childhood Injury Act of 1986 created a federal program for victims who are seriously harmed or killed by vaccines. Under the National Vaccine Injury Compensation Program (VICP), you can file a claim rather than sue the manufacturer directly.
The claims-filing process may take some time and involves a few basic steps. Most claims proceed as follows:
The affected party files a VICP claim in court
- A physician and attorney review the claim
- Compensation is offered if the claim is approved and not offered if the claim is denied
- The physician is employed by the Health and Human Services administration, and the attorney works for the Department of Justice.
In the event that there's disagreement over the rejection of a claim or over the amount of compensation offered, the claim can be escalated to a Special Master who oversees a trial. After this trial, further appeals can be made through the federal court system if they're necessary, but the program is designed to limit how many claims go to court.
2. A Lawyer Can Help Make Sure You Receive Proper Compensation
While you technically don't have to hire a lawyer to file a claim with the VICP, there are a few reasons you should consider doing so.
First, a lawyer can guide you through the steps and formalities of filing a claim. Although it's possible to figure all of this out yourself, some basic guidance from a lawyer can save you a lot of time.
Second, and most importantly, a lawyer can make sure your claim is handled fairly by the VICP. The physician and attorney who review your claim work for the federal government, not specifically on your behalf. Someone who represents you can ensure your interests are represented and you're awarded an appropriate amount as compensation.
Third, you'll likely want a lawyer's expertise if you do need to appeal your claim in court. The procedures for filing a lawsuit in court can be a labyrinth of complexities, and the relevant laws are even more intricate.
3. Some Lawyers Specialize in Vaccine Claims
Moreover, you don't want to hire just any lawyer to represent you for a VICP claim. This is a narrow and detailed field, and you want someone who specializes in these types of claims and cases. A specialized lawyer will have the experience and expertise necessary to get you the best possible outcome.
If you're unsure whether a particular lawyer specializes in these types of claims, simply ask how many VICP claims a lawyer has handled in the past year. Someone who doesn't specialize in this field might not have handled any or they may have taken on just a few. A specialized lawyer will probably have worked on several claims.
4. VICP Lawyers Work on Alternate Fee Structures
Importantly, lawyers who specialize in VICP claims work on a alternate fee basis. This means they don't charge you any fees at any point during your case, and they don't receive any portion of your recovery.
If you think you've suffered serious negative side effects due to a vaccine, contact us at Vaccine Injury Lawyers
to review your potential claim.
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