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Health Resources and Services Administration, National Vaccine Injury Compensation Program, U.S. Court of Federal Claims

What to Do When Harmed by a Vaccine

I speak to many people whose vaccinations were meant to be a precaution, but for them the ordeal has resulted in an unending saga of missed work, pain, and disability. If you’ve been hurt by a vaccine, it’s quite possible you may need legal representation to file a claim for a vaccine-related injury.

In 1988, the National Vaccine Injury Compensation Program (NVICP) was created to help those harmed by vaccines seek restitution with no upfront cost to them. If you’ve suffered an adverse reaction to a vaccine, you may be eligible for compensation.

How to Seek Legal Assistance

The NVICP offers a no-fault alternative to traditional malpractice cases that are often costly and can take years to settle. Instead of wondering whether the vaccine administrator or drug manufacturer is at fault and navigating a civil malpractice suit, the National Vaccine Injury Compensation Program covers the costs and fees associated with hiring a vaccine attorney to help eligible parties avail themselves of legal representation without incurring any out-of-pocket expenses.

Since attorney costs are provided for by National Vaccine Injury Compensation Program, the first course of action is to speak with a capable vaccine lawyer like the vaccine attorney at the Law Offices of Leah V. Durant, PLLC. Our vaccine attorney is qualified to evaluate potential claims based on your medical records and/or documentation.

To be eligible to file a claim, the injury (or first onset of injury) must have occurred no more than three years earlier. In the event of a death claim, the deadline for filing a claim is two years after the death or no later than four years after the first symptom was noted or experienced.

After the initial assessment with a qualified vaccine lawyer, our offices can provide you with further details of how to file a claim for your vaccine injury

The Process for a Vaccine Injury Claim

The process of proceeding with a vaccine claim before the U.S. Court of Federal Claims begins with the filing of a Petition. The Petition seeks compensation for pain and suffering and any economic loss you may have suffered as a result of the vaccination. Under Federal Law, vaccine injured persons are entitled to a maximum of $250,000.00 for pain and suffering as well as any out-of-pocket expenses or lost wages related to their vaccine injury claim.

Shortly following the filing of the petition, the Court will assign the vaccine case to a Special Master who is responsible for presiding over the claim. A Department of Justice lawyer who represents the Secretary of Health and Human Services (HHS) will write a report detailing the government’s position in the case and identifying any defenses the government might raise to the vaccine injury claim. The claim will then be adjudicated by a Special Master who acts as a judge and will decide the outcome of the claim and if petitioner is successful, will decide how much compensation should be awarded.

It is highly recommended to have counsel throughout the process because the legal and medical proof required to adjudicate vaccine injury claims is complex and may be confusing to individuals without a law or medical background.

Compensation Timeline and Settlement

Cases filed under the National Vaccine Injury Compensation Program are generally processed more quickly and efficiently than regular tort litigation cases. While there are always exceptions, if the government decides to defend a case, a hearing will generally be scheduled within a year of filing and cases that settle usually do so quickly. Once the case is settled, compensation is generally received within a matter of months.

A vaccine injury claim may include pain and suffering, compensation for past and future medical expenses, as well as past and future wage loss. The only part of the claim that is limited is the compensation for pain and suffering. The Court caps such awards at $250,000. In the case of a vaccine-related death, the estate of the deceased may receive up to $250,000, plus pain and suffering and past medical expenses, if any.

Contact the Law Offices of Leah Durant Today

A lawyer at the Law Offices of Leah V. Durant, P.L.L.C. can assist you in navigating the vaccine compensation process. Since this program adheres to strict filing deadlines, do not wait to speak to someone about your vaccine injury. Contact us today to learn more about the vaccine injury compensation process to learn whether you may be eligible for compensation for your vaccine-related injury. Should you have a valid claim, the Law Offices of Leah V. Durant, P.L.L.C. will pursue a claim on your behalf at no financial cost to you.


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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