The National Vaccine Injury Compensation Program (VICP) is a federal government program that provides a source of financial recovery for individuals and families coping with the effects of vaccine-related injuries and illnesses. Individuals and families that have claims under the VICP can recover many, but not all, of the costs they incur as a result of their (or their loved one’s) diagnoses. In this article, vaccine injury lawyer Leah V. Durant provides an overview of the costs covered under the VICP:
Costs Covered Under the National Vaccine Injury Compensation Program
The costs covered under the National Vaccine Injury Compensation Program fall into five main categories for vaccine recipients and families coping with non-fatal injuries, and they fall into two main categories for families grieving the loss of a loved one.
Recoverable Costs in Non-Fatal Vaccine Injury Cases
In non-fatal vaccine injury cases, recoverable costs under the VICP include:
1. Medical Expenses and Rehabilitation Costs
The VICP provides coverage for eligible claimants’ medical expenses and rehabilitation costs resulting from their (or their loved ones’) vaccine-related illnesses and injuries. As the U.S. Health Resources and Services Administration (HRSA) notes, “[p]ayments are based on your vaccine injury needs,” and “[t]here is no limit on the amount a person may be paid for these types of expenses.”
When filing a claim under the VICP, you can seek financial compensation for your family’s current and future medical expenses and rehabilitation costs. If you (or your loved one) needs ongoing care, your future costs could far exceed the costs incurred through the date of your settlement or award—if your VICP claim is successful. This is true for your family’s other costs as well. As a result, when seeking financial compensation for a vaccine-related injury or illness, it is critical to work with an experienced vaccine injury lawyer who can assist with accurately assessing the future costs that you and your family are likely to incur.
2. Other Related Out-of-Pocket Costs
In addition to medical expenses and rehabilitation costs, the VICP also covers other “related expenses.” This includes, but is not limited to, costs for prescriptions, medical supplies, and medical equipment and devices. If you or your loved one needs custodial care, the cost of this care can—and should—be included in your VICP claim as well.
3. Lost Earnings
The VICP also pays financial compensation for eligible vaccine recipients’ lost earnings. If you are forced to miss work due to your vaccine injury—whether you need to attend doctors’ appointments, your doctor tells you to rest or you are in too much pain to work—you can include your lost earnings in your VICP claim. If you will miss work in the future, your claim can (and should) include your lost future earnings as well.
Eligible claimants can also recover financial compensation for their lost earnings if they are forced to work part time or they need to find a different job in a lower-paying position. Regardless of the circumstances, if you lose income due to your vaccine-related medical condition, you will want to work with your vaccine injury lawyer to make sure that you are seeking adequate compensation for your present and future losses.
4. Pain and Suffering
Along with financial costs, the National Vaccine Injury Compensation Program also provides compensation for eligible vaccine recipients’ pain and suffering. The maximum coverage for pain and suffering under the VICP is $250,000. Here, too, working closely with an experienced vaccine injury lawyer is critical—as you need to ensure that you have the documentation you need to recover the full financial compensation you deserve.
5. Legal Fees and Costs
A unique aspect of the National Vaccine Injury Compensation Program is that it pays claimants’ legal fees separately from their awards of financial compensation. This means that your legal fees will not be deducted from your settlement or award if your claim is successful. The VICP also covers claimants’ legal costs, such as the costs of preparing evidence and hiring medical experts to explain the long-term costs of your (or your loved one’s) diagnosis.
Recoverable Costs in Fatal Vaccine Injury Cases
In fatal vaccine injury cases, recoverable costs under the VICP include:
1. Up to a $250,000 Death Benefit
Rather than covering specific types of costs and expenses, the National Vaccine Injury Compensation Program pays up to a $250,000 death benefit in fatal vaccine injury cases. The amount awarded is paid to the estate of the deceased. As part of the deceased’s estate, the funds received under the VICP will be distributed to the deceased’s heirs or beneficiaries in accordance with his or her estate plan. If the deceased does not have an estate plan, then the relevant state’s intestate succession law will apply.
2. Legal Fees and Costs
The VICP provides the same coverage for legal fees and costs in non-fatal and fatal vaccine injury cases. This means that your family can hire an experienced vaccine injury lawyer at no cost.
You Can Recover Your Vaccine-Related Losses (if You Are Eligible to File)
A final key point about the costs you can recover is that the amount of your recovery will be based specifically on your vaccine-related losses. There is no “standard” VICP award, and the awards that other claimants have received are irrelevant to the value of your (or your family’s) VICP claim. When you hire an experienced lawyer to represent you, your lawyer will carefully calculate the total costs (present and future) you are entitled to recover, and then your lawyer will work to recover these costs on your behalf.
Discuss Your VICP Claim with Vaccine Injury Lawyer Leah V. Durant
Do you need to know more about filing a claim under the National Vaccine Injury Compensation Program? If so, we invite you to get in touch. To discuss your VICP claim with vaccine injury lawyer Leah V. Durant, please call 202-800-1711 or request a free consultation 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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