The National Childhood Vaccine Injury Act of 1986 was created in response to a series of lawsuits that were filed against vaccine manufacturers in the early 1980s. These lawsuits claimed that the manufacturers were liable for injuries caused by their products. The act created a no-fault system for handling vaccine injury claims in the United States known as the Vaccine Injury Compensation Program (VICP). The program is administered by the Department of Health and Human Services, and it is funded by a tax that pharmaceutical companies pay on each vaccine they produce. To date, more than 20,000 claims have been filed under the program, and over $4.6 billion has been paid out in damages.
The VICP is designed to provide compensation to people who have experienced an adverse reaction to a vaccine. However, the process can be tricky for the average person to complete on their own. You must first file a petition with the U.S. Court of Federal Claims. At that point, your case will be assigned to a Special Master, who oversees the handling of the claim. There will be an attorney whose role is to scrutinize the claim to help ensure only appropriate claims result in compensation for the petitioner. That person is known as the “Respondent”. Lots of information and documentation is exchanged while the claim is being processed. When all necessary information is exchanged between the Petitioner and Respondent, the Petitioner and Respondent may engage in negotiations in an attempt to settle the claim. If no settlement can be reached, the Special Master will review the evidence and decide on whether or not the Petitioner deserves compensation.
There are many examples of people receiving compensation through the VICP. Here’s one...
If you've been hurt by a vaccine, and don't know what to do next, download our Consumer's Guide to Vaccine-Related Injuries.
Through the VICP, Ms. Henderson was able to receive over $100,000 without even stepping foot in a courtroom.
Ms. Henderson received a Tetanus-diphtheria-acellular pertussis (“TDaP”) vaccine and a measles-mumps-rubella (“MMR”) vaccine in July 2014. Both are relatively common vaccines meant to protect against measles, tetanus, and rubella, along with other illnesses. As a result of these vaccines, Henderson claimed she suffered from cellulitis and a shoulder injury related to vaccine administration (SIRVA). Thus, she filed a petition with the Federal Court of Claims. SIRVA can cause serious shoulder pain and a lessened range of motion. It is one of the most common adverse vaccine reactions. Cellulitis is a bacterial skin infection that causes swelling and tenderness in the impacted area.
In Henderson’s case, the respondent denied that either vaccine caused the alleged cellulitis or SIRVA. However, despite denying the vaccines caused Henderson injury, the Respondent and Petitioner still came to an agreement that resulted in Henderson receiving $110,000.00 in compensation for her injuries.
We at DuPont and Blumenstiel are proud to be part of a small group of law firms that focus on representing persons with vaccine related injuries. Call 614-389-9711 today to have your case evaluated.