The National Vaccine Injury Compensation Program (VICP) is a federal government initiative established in 1988 that provides a source of monetary recovery for individuals and families who have experienced vaccine-related injuries and illnesses. While the vaccines recommended by the Centers for Disease Control and Prevention (CDC) for adults and children are generally considered safe, injuries and illnesses do occur; and, as of June 1, 2020, the VICP has paid more than $4 billion in compensation to 7,311 successful claimants.
The U.S. Health Resources & Services Administration (HRSA) administers the VICP, and it has published an infographic that explains some of the key aspects of the program. It also publishes monthly statistical reports on claims filed under the VICP. You can find these resources here:
- Infographic: The National Vaccine Injury Compensation Program (VICP)
- Vaccine Injury Compensation Data
Here are some of the highlights:
1. What is the VICP’s Purpose?
As explained in the HRSA’s infographic, the purpose of the National Vaccine Injury Compensation Program (VICP) is to, “ensure that individuals injured by certain vaccines are provided with fair and efficient compensation.” The program also jointly serves the purpose of ensuring adequate access to vaccines in the United states, “by limiting liability for vaccine manufacturers and vaccine administrators.” It does this by providing compensation directly to vaccine recipients so that they do not have to take legal action against their health care providers or the pharmaceutical companies.
2. Which Vaccines are Covered?
The VICP covers all vaccines listed on the CDC’s recommended vaccination schedules for children and adults. These include the vaccines for:
- Diphtheria, tetanus and pertussis (DTaP, Tdap, DT, TT and Td)
- Haemophilus influenzae type b (Hib)
- Hepatitis A
- Hepatitis B
- Human papillomavirus (HPV)
- Seasonal influenza
- Measles, mumps and rubella (MMR, MR, M and R)
- Pneumococcal conjugate
- Varicella (chickenpox)
3. What is Involved in Filing a VICP Claim?
The VICP provides no-fault compensation; and, compared to filing a traditional lawsuit, filing a VICP claim involves “limited discovery, short [timeframes], and informal hearings.” Claimants can hire vaccine injury lawyers to represent them, and the VICP pays lawyers’ fees in addition to paying compensation to injured vaccine recipients. All VICP claims are handled by the U.S. Court of Federal Claims (also known as the “Vaccine Court” in Washington D.C.
4. How Much Compensation is Available?
Since 1988, the VICP has paid more than $4 billion to injured vaccine recipients, with an average award of over $500,000. In most cases, successful claimants receive compensation via settlement without going through the entire court process. As the HRSA explains, “[a]pproximately 70 percent of all compensation awarded by the VICP comes as result of a negotiated settlement between the parties in which [the U.S. Department of Health and Human Services] has not concluded, based upon review of the evidence, that the alleged vaccine(s) caused the alleged injury.”
Are You Entitled to Compensation for a Vaccine Injury Under the VICP?
If you would like to speak with a lawyer about filing a claim under the VICP, we encourage you to schedule a free initial consultation. To discuss your claim with vaccine injury lawyer Leah V. Durant, call us at 202-800-1711 or tell us how we can reach you 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.
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