The National Vaccine Injury Compensation Program (VICP) pays financial compensation to individuals and families who are coping with the effects of qualifying vaccine injuries, and most successful VICP claims are resolved via settlement. If you or a loved one has been diagnosed, are you eligible to receive a vaccine injury settlement?
In this article, national vaccine injury lawyer Leah V. Durant explains the eligibility requirements for seeking a settlement under the VICP.
Eligibility Requirements to Receive a Vaccine Injury Settlement
There are three basic eligibility requirements for filing a claim under the National Vaccine Injury Compensation Program. In order to seek a settlement for a vaccine injury, you must be able to prove each of the following:
- You are an Eligible Person – Individuals who are eligible to file VICP claims are (i) recipients of “covered vaccines,”(ii) parents and legal guardians of children and disabled adults who have received covered vaccines, and (iii) personal representatives of the estates of deceased individuals who received covered vaccines. “Covered vaccines” are those that prevent diphtheria, Haemophilus influenzae type B (Hib), hepatitis A and B, human papillomavirus (HPV), seasonal influenza, measles, mumps, meningococcal, pertussis, pneumococcal, polio, rotavirus, rubella, tetanus, and varicella (chickenpox).
- You or a Loved One was Diagnosed with an Eligible Vaccine Injury – Not all vaccine-related injuries and illnesses qualify for compensation under the VICP. To qualify, an injury or illness must (i) last for more than six months, (ii) result in inpatient hospitalization or surgical intervention, or (iii) result in death. For most claims, it is also necessary to prove that the first symptom or other “manifestation of onset” of the illness or injury appeared within the timeline prescribed by the Vaccine Injury Table.
- You Have Filed Your Claim on Time – Vaccine injury claims are subject to a statute of limitations. For non-fatal injuries and illnesses, the statute of limitations is three years from the date of the first symptom or other manifestation of onset. For fatal injuries and illnesses, the statute of limitations is two years from the date of death and four years from the first symptom or other manifestation of onset.
Practical Considerations for Seeking a Vaccine Injury Settlement
If you are eligible to file a claim under the VICP, this does not automatically mean that you will receive a settlement. You must be able to prove your eligibility, and you must also be able to prove how much you are entitled to recover.
Then, you must be able to negotiate effectively with the government’s attorneys. If the government’s attorneys make a settlement offer, you must also be able to make an informed decision about whether it is in your best interests to accept or keep fighting for more in the Vaccine Court. Fortunately, you can hire a vaccine injury lawyer to help you at no out-of-pocket cost; and, if your lawyer helps you secure a settlement, the VICP will pay your legal fees separately from your award of financial compensation.
Request a Free Consultation with National Vaccine Injury Lawyer Leah V. Durant
If you would like to know more about seeking a vaccine injury settlement under the VICP, we encourage you to contact us for a free, no-obligation consultation. To schedule an appointment with national vaccine injury lawyer Leah V. Durant, please call 202-800-1711 or inquire 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.