The National Vaccine Injury Compensation Program (NVICP) aims to protect both patients and doctors when immunization-related complications arise. A no-fault alternative to traditional tort claims, NVICP claims compensate affected parties for the damages they incur without threatening the vaccination infrastructure that supports herd immunity. Like traditional tort claims, though, NVICP claims must meet certain criteria in order to be successful.
If you or someone you love suffered complications after receiving an immunization, you’re probably wondering how to proceed. Generally speaking, the easiest way to determine whether filing a claim could be worthwhile is by consulting a vaccine injury attorney.
Should you have grounds for action, you should know the following:
1. How Long Do I Have to File a Claim in the National Vaccine Injury Compensation Program?
When it comes to vaccine-related complications, injured parties generally have three years from the date on which their symptoms first arose to file a claim with the U.S. Court of Federal Claims in the NVICP.
If the patient died from the associated complications, his or her surviving loved ones typically have two years from the date of death to take action; however, they cannot proceed more than four years after the deceased’s symptoms first arose.
2. What Kinds of Damages Are Recoverable in Successful Vaccine-Related Injury Claims?
By filing a claim in the NVICP, you may seek compensation for the following:
- Past medical expenses;
- Anticipated medical expenses stemming from any long-term complications;
- Reasonably necessary injury-related expenses, like replacement services and domestic help;
- Lost wages; and
- Pain and suffering.
It’s important to note that the Vaccine Injury Compensation Act caps damages for pain and suffering at $250,000. Additionally, a statutory death benefit of up to $250,000 is available for eligible parties who lost their loved one to vaccine-related injuries.
3. Does the NVICP Cover All Immunizations?
While the NVICP does not apply to all immunizations, it does cover those that are most often administered in the United States. Examples include those for:
- The seasonal flu;
- Chicken pox;
- Hepatitis A;
- Hepatitis B;
- Measles, mumps, and rubella;
- Hemophilus influenzae type B;
- Human papillomavirus;
- Rotavirus; and
If you don’t see the vaccination that hurt you, there’s still a chance you’re entitled to file a claim in the NVICP. A resourceful vaccine injury lawyer can provide an exhaustive list of all the immunizations that are currently covered. If the vaccine that caused you harm is on said list, the attorney can then help you gather the evidence needed to pursue the maximum payout possible under the program.
Speak with a Jackson Vaccine Injury Attorney
At Brown Bass & Jeter, PLLC, we understand just how devastating vaccine-related injuries and illnesses can be. If you or someone you love suffered unanticipated complications after receiving an immunization, we’ll help you file a claim in the NVICP. Call 601-487-8448 or use our Online Contact Form to set up a free consultation with a vaccine injury lawyer in Jackson.