Vaccine and Injury Criteria for Compensation in Vaccine Court

The National Vaccine Injury Compensation Program (“VICP” aka “Vaccine Court”) is a streamlined litigation program run through the U.S. Court of Federal Claims to award compensation to individuals injured by vaccines. In order to receive compensation through this Program, you or your loved one must meet the criteria discussed supra. However, do not let this criteria alarm or confuse you. We are here to provide you with a free evaluation, so please contact our office to help you navigate the VICP. Importantly, you need to contact an attorney sooner rather than later for your evaluation, as there are strict statute of limitations periods for filing a case.

The VICP Criteria

The VICP created the “Vaccine Injury Table”  to evaluate injury petitions. The table below lists the following criteria needed for a claim under the VICP: 1) the vaccine received; 2) the injury suffered; and 3) the time period during which the first symptom occurred.

You may currently bring an action under the VICP after receiving the following vaccines:

VICP Covered Vaccines

·         Diptheria (DTP, DTaP, Tdap, DT, Td, or TT)

·         Haemophilus influenza type b poly saccharide conjugate vaccines (Hib)

·         Hepatitis A (HAV)

·         Hepatitis B (HBV)

·         Human papillomavirus (HPV)

·         Seasonal Influenza

·         Measles (MMR)

·         Mumps (MMR, MR, M)

·         Meningococcal (MCV4, MPSV4, MenB-FHbp, MenB-4C)

·         Pertussis (DTP, DTap, Tdap)

·         Pneumococcal conjugate (PCV)

·         Polio (OPV, IPV)

·         Rotavirus (RV)

·         Rubella (MMR, MR, R)

·         Tetanus (Td)

·         Varicella (VAR)

Primarily, the vaccines covered under the VICP are the “childhood” vaccines that the U.S. Government and State governments mandate each child receive prior to attending school (with limited religious and/or philosophical exceptions).   Important to note is that the non-seasonal influenza, pneumococcal polysaccharide (PPSV, PPC), and herpes zoster (shingles) vaccines are not covered under the VICP. Thus, any injuries suffered after the following vaccines would need to be pursued in court against the vaccine manufacturer and/or the medical professional(s) who administered the vaccine.

If you or your child received one of the vaccines listed in the chart below, the next step is to determine whether you or your child suffered any of the following injuries or symptoms:

·         Anaphylaxis

·         Brachial Neuritis

·         Shoulder Injuries

·         Vasovagal syncope

·         Encephalopathy/Encephalitis

·         Thrombocytopenic purpura

·         Chronic arthritis

·         Paralytic Polio

·         Varicella

·         Intussusception

·         Guillain-Barre Syndrome

·         Death

Paragraph (b) provides additional provisions, such as allowing legal action for acute complications and idiopathic conditions. Paragraph (c) defines the injuries.

Where this table gets tricky is pairing the symptom to the vaccine. For example, someone who is suffering from chronic arthritis has a claim if their symptoms presented after receiving the MMR vaccine. If they only received the DTP and are suddenly suffering symptoms of arthritis, then they do not have a viable claim under the VICP. Making the navigation of VICP claims even more complex are the time parameters applicable to each claim. Sticking with the MMR and chronic arthritis example, to have a viable claims under the VICP, the first symptoms of arthritis must present no earlier than 7 days after receipt of the vaccine, and no more than 42 days after receipt of the vaccine.

Stoltmann Law Offices is here to analyze your claim and advise you on how to proceed. Our evaluation is free, so there is no risk to you by calling us to evaluate your claim.

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