Schexnaydre Law Firm, LLC

How do I qualify for compensation through the Vaccine Injury Compensation Program?

Whether or not to vaccinate has become a hot topic in recent years. But controversy over vaccines is nothing new. Decades ago, in 1986, Congress passed the National Childhood Vaccine Injury Act, to limit the liability for vaccine injury cases. This act restricted the types of claims that could be brought against vaccine manufacturers, and the amount of time a victim of vaccine injury had to bring a claim.

Two years later, the government created a trust fund to compensate vaccine injury victims who suffered from certain types of vaccines. It's called the National Vaccine Injury Compensation Program, and it pays for all of the victims' legal fees associated with their claim. The program allows victims to file a claim in the U.S. Court of Federal Claims, instead of suing and going to court. The claims process can help compensate you for a vaccine-related injury, or compensate the family of someone who died because of a vaccine-related injury.

When do I have to file my claim?

Compensation through the program gives a maximum amount of $250,000 for a claim. There is a time limit to file a claim. To qualify, you have to file within three years after your first symptom of vaccine-related injury. In the case that your loved one has died from a vaccine-related injury, you have to file a claim within two years of their death, and within four years after the start of their first symptom of vaccine-related injury that resulted in death.

To qualify for compensation, you or your attorney need to prove 4 things:

  1. You received a vaccine that's covered by the program (it covers most vaccines given routinely to children, and other vaccines like the seasonal flu shot, but you can find the full list in the vaccine injury table) and an injury from the vaccine took place.
  2. Your vaccine injury happened within an "appropriate time interval following immunization," which means the injury happened shortly after you were vaccinated, not years later, for example.
  3. Your vaccine injury lasted for six months after you were vaccinated, or longer.
    OR
    Your vaccine injury caused you to stay in the hospital and have surgery.
  4. The vaccine caused your injury.
    OR
    Your condition became worse after you were vaccinated.

A claim through this program is handled in federal court. An attorney with experience in the area of vaccine-related injuries can help answer questions and guide victims to the compensation they deserve.

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Schexnaydre Law Firm, LLC
2895 Highway 190, Suite 212
Mandeville, LA 70471

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