National Vaccine Injury Compensation Program Attorneys

While you are allowed to represent yourself in a VICP claim, the process is highly specialized and can be challenging without legal experience. Vaccine injury lawyers have the expertise to navigate the legal system, present compelling evidence, and negotiate on your behalf. Given that attorney fees are covered by the VICP, it is often beneficial to have professional representation.

Filing a claim with the Vaccine Injury Compensation Program (VICP) involves several steps designed to ensure a fair review of your case. Here’s an overview of the process:

• Determine Eligibility: The first step is to determine whether your injury is eligible for compensation under the VICP. This involves confirming that the vaccine you received is covered by the program and that your injury falls within the criteria outlined on the Vaccine Injury Table or can be medically proven to be caused by the vaccine.
• File a Petition: Once eligibility is determined, a petition must be filed with the U.S. Court of Federal Claims in Washington, D.C. This petition should include detailed information about the vaccine, the injury, and the impact on your health and daily life. It should also be supported by medical records and any other relevant documentation that demonstrates the link between the vaccine and the injury.
• Medical Review: After the petition is filed, the Department of Health and Human Services (HHS) will conduct a medical review of the claim. A medical professional from HHS will evaluate the provided documentation to determine if the claim meets the criteria for compensation.
• Response from HHS: Based on the medical review, HHS will file a report outlining their position on whether the claim should be compensated. This report will be sent to the U.S. Department of Justice (DOJ) and a copy will be provided to the petitioner (or their attorney).
• DOJ Review and Special Master Assignment: The DOJ reviews the claim and submits a report to the U.S. Court of Federal Claims, where a special master is assigned to oversee the case. The special master, who is a judicial officer, is responsible for reviewing the evidence, conducting hearings if necessary, and making a decision on the claim.
• Hearing (if needed): In some cases, the special master may determine that a hearing is necessary to gather additional evidence or hear testimony from experts or witnesses. During the hearing, both sides can present evidence and cross-examine witnesses. The hearing may take place in person, via video conference, or based on written submissions, depending on the case’s specifics.
• Decision by the Special Master: After reviewing all the evidence and any testimony provided, the special master will issue a decision on whether to award compensation and the amount of compensation to be granted. The decision is typically based on the Vaccine Injury Table, medical evidence, and legal arguments presented.
• Award of Compensation: If the special master decides in favor of the petitioner, an award of compensation will be determined. This compensation may cover medical expenses, lost wages, pain and suffering, and attorney fees. Payments are made through a trust fund established under the VICP.
• Appeal Process: If either party disagrees with the special master’s decision, they have the right to appeal. The first level of appeal is a motion for review by a judge of the U.S. Court of Federal Claims. If the decision is still contested after this review, further appeals can be made to the U.S. Court of Appeals for the Federal Circuit and, ultimately, the U.S. Supreme Court.
• Final Payment and Resolution: Once a final decision is reached, and no further appeals are filed, compensation is paid to the petitioner. The case is then considered resolved, and the petitioner receives the awarded amount for their vaccine injury claim.