Vaccines are essential for protecting humans against diseases that the body's immunity system does not naturally know how to fight. When administered, a vaccine triggers an immune response in your body by teaching it how to produce antibodies to fight a particular disease. 

Though rare, sometimes vaccine administration results in death or injury. Often, these injuries or deaths do not result from the vaccine itself but rather from the body's reaction to the administered vaccine. As such, the health practitioner who administered the vaccine is not at fault. 

Have you or do you know someone who has ever sustained an injury from a vaccine? If you have, you should know about the National Vaccine Injury Compensation Program (NVICP).

What Is The National Vaccine Injury Compensation Program (NVICP)?

The NVICP was a response to a scare in the 1980s over the DPT vaccine. After many people filed lawsuits against vaccine manufacturers and healthcare providers over the side effects of the DPT vaccine, vaccine production in the US was under threat. Therefore, the government had to take action. 

The US government formed the program under the 1986 National Childhood Vaccine Injury Act to provide liability protection for healthcare providers in cases where patients died or incurred injuries from specified vaccines. The program is still active today. 

The NVICP provides financial compensation for death or injuries sustained from vaccination. Unlike other personal injury cases where claimants have to provide proof of fault, vaccine injury compensation programs work on a "no-fault" basis. Thus, you do not have to prove that your healthcare provider did anything wrong to qualify for compensation. 

Who Can Claim Compensation Under The NVICP?

Only someone who falls under the following categories may file a claim for compensation with the NVICP: 

• A parent or guardian who believes their child sustained a vaccine-related injury

• The legal guardian of a disabled adult who believes the adult under their care sustained a vaccine injury

• The survivor of a deceased person who died from vaccine-related complications

• An individual who believes they suffered a vaccine-related injury

• A person representing the estate of a deceased person whom they believe suffered a vaccine injury

The most crucial consideration under a vaccine injury compensation claim is that the claimant believes the injury resulted from the vaccine. The program also considers the period for which the injury lasted and whether you required inpatient care due to the injury. 

What Is the NVICP Claims Process?

The NVICP claims process follows the steps below:

• File a petition with the federal claims court

• If your application meets the requirements for compensation, the US Department of Health and Human Services (DHHS) recommends your application to the US Department of Justice (DOJ). 

• The DOJ then creates a legal analysis report, including the medical recommendation, which it submits to a special master official

• The official holds a hearing for evidence presentation, and if they judge the evidence sufficient, they declare the amount and type of compensation you are due

• The court then orders the DHHS to award you compensation

Do I Need an Attorney to File an NVICP Claim?

A lawyer is not a mandatory requirement for an NVICP claim. However, having legal representation makes the process much easier for you. Vaccine injury cases are complex, as they involve medical issues and legal procedures that an inexperienced person may have difficulty navigating. 

You must prove the relationship between your injury and the vaccine during the court hearing. Having a skilled attorney helps because they help you gather evidence to prove your claim, present a convincing argument in court, and have experience in witness cross-examination. An attorney also helps you document your petition, ensuring you do not leave vital details. 

The NVICP caters to all legal fees in a vaccine injury case. If you are the victim of a vaccine injury, you do not have to go through the compensation claim process alone. Contact us today, and let us be your partner in your vaccine injury case.