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Medical Malpractice Injuries: Vaccines

The federal program known as the National Vaccine Injury Compensation Program (VICP) aims to compensate those injured by certain childhood vaccines. The program allows eligible individuals to bypass courtroom litigation and recover damages.

The program is aimed at avoiding costly litigation that deters some companies from developing new vaccines. Congress also enacted the VICP in order to:

  • Ensure an adequate supply of vaccines
  • Stabilize vaccine costs
  • Provide a quick and efficient forum for people who have been injured by certain vaccines

The VICP offers a streamlined approach to compensate children and their families if they have suffered harm due to a vaccine.

What vaccines are eligible?

To obtain such compensation from the VICP, you will need to file a claim with the U.S. Court of Federal Claims where a lawyer will hear the case. If your case falls within the VICP guidelines, you may be able to obtain compensation.

Vaccines eligible for compensation include*:

  • Diphtheria, tetanus, pertussis
  • Haemophilus influenza type b
  • Hepatitis A and B
  • HPV
  • Influenza
  • Measles, mumps, rubella
  • Meningococcal disease
  • Polio
  • Chicken pox

*New vaccines may also be added as they become available.

Those who believe that they or a loved one have been injured by a vaccine, may file a claim under the VICP. Such a person must be able to demonstrate that the vaccine specifically caused an illness or injury. The vaccine must have caused an injury which lasted for at least six months after the vaccine was given, caused a hospital stay and/or surgery, or resulted in death.

Eligible persons may be compensated for one or more of the following:

  • Past and future non-reimbursable medical, custodial care, and rehabilitation costs
  • Reimbursement for actual and projected pain and suffering up to $250,000
  • Lost earnings
  • Reasonable attorneys' fees and other legal costs

Call a Ft. Lauderdale personal injury attorney at Rosenberg & Rosenberg, P.A. to learn if you could be eligible for compensation through VICP. Free consultation offered!