The National Vaccine Injury Compensation Program (VICP) provides a source of financial recovery for individuals diagnosed with vaccine-related injuries and illnesses, and it serves as a substitute to filing a traditional lawsuit against a medical provider or pharmaceutical company. Under the VICP, successful claimants can recover three types of financial compensation: (i) medical and rehabilitation expenses, (ii) lost earnings, and (iii) pain and suffering.
Three Types of Compensation for Vaccine Injuries and Illnesses
1. Medical and Rehabilitation Expenses
The National Vaccine Injury Compensation Program provides coverage for successful claimants’ current and future costs of care. This includes all medical and rehabilitation expenses associated with claimants’ vaccine-related injuries and illnesses, excluding costs covered by insurance or a health care benefit program (such as Medicaid).
When seeking compensation under the VICP, it is essential to have a clear picture of the future costs of your vaccine injury or illness. You only get one chance to file a VICP claim. If you seek too little, you could end up without the financial resources you need to pay for your treatment and recovery. Typically, estimating the future costs of a vaccine injury or illness involves working closely with medical specialists and other experts who are experienced in diagnosing the long-term effects of these unique types of medical conditions.
2. Lost Earnings
Similar to medical and rehabilitation expenses, the VICP also provides compensation for claimants’ current and future loss of earnings. If you have already missed work due to your injury or illness, you can seek to recover the wages, salary, benefits or other compensation you would have earned under normal circumstances. If you will be unable to work in the future (or if you may be forced to take a lower-paying job), you can seek compensation for your “lost earning capacity” as well.
3. Pain and Suffering
The National Vaccine Injury Compensation Program also provides financial compensation for the pain and suffering claimants endure as a result of their vaccine-related injuries and illnesses. “Pain and suffering” refers to the non-financial costs associated with a serious injury or illness diagnosis; and, in order to maximize your financial recovery, you will need to be able to demonstrate all of the various ways that your injury or illness impacts your life. By statute, pain and suffering awards under the VICP are capped at $250,000.
When Should You Settle Your VICP Claim?
Most successful VICP claims result in negotiated settlements. Your attorney will negotiate with the government lawyers assigned to your case, and he or she will try to secure just compensation without the need to go to trial. But, before you consider any settlement offer, you need to know how much your injury or illness will cost you – in terms of both financial and non-financial harm – now and in the future. This means carefully calculating your losses with particular emphasis on the long-term consequences of your vaccination.
Learn More about Your Rights Under the VICP
If you have been diagnosed with a vaccine-related injury or illness and would like more information about filing a claim under the National Vaccine Injury Compensation Program (VICP), we encourage you to contact us for a free, no-obligation consultation. To speak with vaccine attorney Leah V. Durant in confidence, please call (202) 800-1711 or request an appointment online today.
Leah Durant Bio
Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.