Personal Injury

Vaccine Injury Lawyer

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Vaccine Injury Lawyer

While they help many, vaccines can cause serious injury to some individuals who receive them, and those harmed deserve compensation to address the damage done. When a vaccine causes someone harm, they can initiate a vaccination lawsuit under the National Vaccination Injury Compensation Program (VICP). While claimants do not have to prove a vaccine manufacturer was at fault to obtain compensation for the losses they have incurred from a vaccine, adjudicating a VICP lawsuit is still a complex and often arduous process. This is why a claimant needs an experienced lawyer for their vaccine injury.

Flint Cooper understands the intricacies of litigating a successful vaccination lawsuit. We take defendants in injury claims to the mat, and we have recovered millions on behalf of plaintiffs.

Who Can Initiate VICP Vaccine Lawsuits?

Under the VICP, you can start legal action if you believe a covered vaccine caused your injury or if you have a minor child or adult child with a disability who suffered harm from a vaccine. And if someone dies because of a covered vaccination, the legal representative of their estate can seek compensation in a claim.

Which Vaccines Are Covered?

The VICP covers claims that involve vaccines for the following illnesses

  • Varicella
  • Tetanus
  • Rotavirus 
  • Rubella
  • Polio
  • Pertussis 
  • Pneumococcal conjugate 
  • Mumps 
  • Measles
  • Meningococcus 
  • Hepatitis (A and B) 
  • Human papillomavirus 
  • Haemophilus influenza type b polysaccharide conjugate
  • Diphtheria

Claimants concerned about the effects they experienced after receiving the COVID-19 vaccine may be able to use the Countermeasures Injury Compensation Program (CICP) for compensation, and we can help them.

When is an Injury Covered Under a VICP Claim?

A vaccine injury must occur in a specific way before someone can request compensation under the VICP. One of the following must happen before an eligible individual can have access to a VICP award:

  • The injured party died because of the vaccine
  • The injured party experienced effects that lasted more than six months after they received the vaccine
  • The injured party was subject to surgical intervention or inpatient hospitalization because of the vaccine

A claimant does not have to be a U.S. citizen to receive money in a VICP claim, but claimants typically have to have received the vaccine in the U.S. (or a U.S. territory). The VICP also takes claimants who are U.S. citizens who were vaccinated while serving abroad in the armed services or who received a vaccine manufactured in the U.S. and who returned to the U.S. within six months after vaccination.

Who Decides Who Gets Compensation as a Result of Problems Caused by Vaccines?

The Special Masters of the Court of Federal Claims (Special Masters) decide who can receive compensation in a VICP claim. There is an initial process for requesting payment through the Special Masters, and if your claim is unsuccessful, you can appeal to the Court of Federal Claims. 

The money for claim compensation comes from a trust fund financed by excise taxes on vaccines. And even if you lose your claim, you might be entitled to reimbursement for your legal costs.

How Long Do VICP Plaintiffs Have to File a Lawsuit?

Anyone contemplating a vaccination lawsuit should act quickly. To remain eligible for an award under the VICP, a claimant must initiate their legal action within one of the following timelines:

  • Two (2) years after the death of someone who received the vaccine and within four (4) years of the first symptom or aggravation of the injury that caused the death;   
  • Three (3) years after the first symptom or aggravation of the injury; or 
  • Two (2) years after the table change for injuries that occurred up to eight (8) years after the table change.

In some cases, the court might extend a deadline for a plaintiff. Hiring an attorney is often crucial to ensure the timely filing of a claim and relief from the court.

Why Does a VICP Plaintiff Need an Attorney?

As previously mentioned, VICP claims are complex. They are also painful because they involve individuals who were severely or tragically hurt by a substance that was supposed to help them. An attorney can be a vital lifeline under these circumstances. Even the federal government recognizes that a good attorney is paramount to properly adjudicating a vaccine injury complaint—this is why the government developed the trust fund for compensating victims. 

While dealing with the aftermath of a vaccination injury, some claimants are denied compensation because of the following:

  • A defect in their petition
  • Their inability to find an expert who can prove their claim
  • Missing their filing deadline

At Flint Cooper, we understand what it takes to win in a VICP complaint. We are very familiar with filing claims before the Court of Federal Claims, and our attorneys are licensed to do so. We have the resources and knowledge to find the right experts for a claim and make the right arguments before the court. We are also compassionate regarding our clients’ needs while they struggle with the painful aftermath of bad reactions to vaccines.

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