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National Vaccine Injury Compensation Program, U.S. Court of Federal Claims

Filing A Claim with The National Vaccine Injury Compensation Program

If you’ve been injured after receiving a vaccination, you may be eligible to receive compensation from the National Vaccine Injury Compensation Program. This national fund is set up to provide money to those who were injured by certain covered vaccinations. At The Law Offices of Leah V. Durant, we can help you by pairing you with a vaccine lawyer to file a claim for your injuries. Representation is at no cost to you or your family, so contact us today for assistance.

National Vaccine Injury Compensation Program

In many cases of medical injury or error, the victim sues a drug manufacturer or doctor. If a vaccine injures you, the government has provided an easier way for you to avoid the lengthy process of a malpractice suit (which has no guarantees).

Instead, your lawyer files your case in the U.S. Court of Federal Claims in Washington, DC and an assigned individual called a special master decides the outcome of your case.

The Vaccine Program was established to award vaccine injured parties a means of recovery that is quicker and easier than traditional civil litigation. Unlike a traditional medical lawsuit, filing a claim with the National Vaccine Injury Compensation Program is comparatively quick so long as your injury is legitimately covered.

Injury

To file a claim, your injuries must be covered by the program. The list of covered vaccines may be updated at any time with new additions, as well. Right now, approximately a dozen vaccinations are included on the list.

Additionally, injuries sustained by administering vaccinations incorrectly, such as injecting in the wrong spot or wrong angle, may be covered too.

For injuries not listed on the vaccine injury table claimants must prove; (1) that the vaccine administered is covered by the Program, (2) that the vaccination received was administered in the United States, (3) that the individual sustained or had significantly aggravated an illness, disease, disability or condition, and (4) that the resulting condition persisted for 6 months or longer.

Standing

Your attorney will handle the actual paperwork portion of filing your claim, but the claim is brought on behalf of the injured person or another eligible person who also has standing. Standing is the connection a person has to a case.

To file a claim with the National Vaccine Injury Compensation Program, standing is granted to people who received the vaccines, the parents of minor children injured by vaccines and the legal representatives of the estate of people who died as a result of a vaccine.

Timing

Individuals have three years from the day of the first symptom to file a claim. If someone died, the representative of the estate has two years from the date of death or four years from the date of the first symptom to file a claim.

There are exceptions to these rules in certain instances. For example, an injury sustained from a vaccination that ends up being added to the list of covered vaccines in the future may have an expanded window of time to file. Discuss these possibilities with your attorney to be sure your claim remains valid.

No Cost to You

There is no cost to you to file a claim if you work with The Law Offices of Leah V. Durant. Our vaccine attorneys are able to help you file a claim and obtain a resolution to your case without obtaining any money from you, your family or the estate of a deceased person upfront. Our fees are built into rules made by the National Vaccine Injury Compensation Program and we receive our compensation after you do.

If you have been injured by a vaccination, please contact us using our online form or by calling 202-800-1711 today.

 

About Leah Durant

Leah Durant is a former U.S. Department of Justice trial attorney who specializes in vaccine injury claims covered by the National Vaccine Injury Compensation Program. These cases are filed before the U.S. Court of Federal Claims (more commonly known as the “vaccine court”) in Washington, DC, where she has been admitted to practice since 2008. Originally from the Pacific Northwest, Leah Durant is a graduate of the University of Maryland College Park and received her law degree from the University of Maryland School of Law. Leah Durant’s legal practice concentrates on litigating complex vaccine injury and medical related cases. She has an extensive legal background and has experience representing individuals with complex medical claims.

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