The national conversation around vaccines has evolved over the years. While most people who get vaccinated have no problems, there is a small subset of people who claim injuries due to vaccinations. The vaccination requirements vary from state to state, but children are generally not allowed to enter daycare or public school without getting their vaccines. However, there are exemptions for religious or philosophical beliefs. In some ways, these vaccine-related injuries have helped the arguments of the anti-vaxxers.
Vaccines were created to protect people from getting certain diseases. They are used as preventive measures given by medical providers and are different from cures, which treat the disease after a person gets sick. According to the Center for Disease Control and Prevention (CDC), vaccines can contain part of the same germs that cause the disease it is trying to prevent, but they are in a weakened state so as not to make an individual sick. The exposure to the weakened germs causes the body to develop antibodies, after which the person can develop an immunity to the disease.
Some of the most well-known vaccines are measles, mumps, yellow fever, seasonal influenza, polio, and rabies. The CDC has a comprehensive list of vaccines used in the United States. For most people, vaccinations are routine, but there is a subset of the population where they can cause problems.
Vaccines Covered by the National Vaccine Injury Compensation Program
The National Vaccine Injury Compensation Program was created to recompense individuals who have petitioned the program and are found to have suffered injuries by a covered vaccine. A list of covered vaccines includes the following:
- Diphtheria (DTP, DTap, TDap, Tdap, DT, Td, TT)
- Haemophilus Influenza Type B Polysaccharide Conjugate Vaccines (Hib)
- Hepatitis A (HAV)
- Hepatitis B (HBV)
- Human Papillomavirus (HPV)
- Seasonal Influenza (Flu)
- Measles (MMR)
- Mumps (MMR, MR, M)
- Meningococcal (MCV4, MPSV4, MenB-FHbp, MenB-4C)
- Pertussis (DTP, DTaP, Tdap)
- Pneumococcal Conjugate (PCV)
- Polio (OPV or IPV)
- Rotavirus (RV)
- Rubella (MMR, MR, R)
- Tetanus (TD) hnh
- Varicella (VAR)
How to File an Injury Claim with the National Vaccine Injury Compensation Program
According to the Health Resources & Administration, an agency of the United States Department of Health and Human Services (HHS), an individual making a claim of injury would file a petition with the U.S. Court of Federal Claims (CFC). Next, the HHS would review the petition to gauge its merits and make a preliminary medical recommendation.
The United States Department of Justice then creates a report with the recommendation and legal analysis, which they submit to the CFC. A court appointed special master reviews the report, then holds a hearing where evidence can be presented in support of or against compensation. If the petition is successful, the special master decides how much the person will be paid. Finally, the court orders the HHS to award compensation to the petitioner. If the petition is dismissed, but meets certain thresholds, the CFC may order the department to pay attorneys’ fees and costs.
Information for Plaintiffs with Vaccine-Related Injury Claims
For plaintiffs with vaccine-related injury claims, you can find out more details below, as per the benefits.gov website:
- For information on how to file a claim, please visit: https://www.hrsa.gov/vaccine-compensation/how-to-file/
- You may also call the following toll-free number: 1-800-338-2382
- Further information may be obtained from the following website: http://www.hrsa.gov/vaccinecompensation/
- For a list of vaccines that are covered by this program, check the following site: http://www.hrsa.gov/vaccinecompensation/
Information for Attorneys Litigating Vaccine-Related Injury Claims
Attorneys who take on clients petitioning the CFC on vaccine claims must be members of the Court of Federal Claims Bar Association. The vaccine petitions can only be filed in the CFC located in Washington, D.C.
Attorneys who handle vaccine petitions on behalf of their clients can face payment delays. Balanced Bridge Funding can provide financing to attorneys with fees tied to the National Vaccine Injury Compensation Program. For more information about their attorney funding solutions, you can call 267-457-4540 or email firstname.lastname@example.org. Prospective applicants can fill out their online quick form to launch the application process.