VICP (The National Vaccine Injury Compensation Program) was established in 1986 to help compensate vaccine recipients and their families who have been severely injured as a result of adverse effects from certain vaccines. Over the course of the years, I have represented many victims and their families who were seriously injured or died from adverse reactions to vaccines. Over those years, a common question is:
Am I entitled to a jury trial?
Answer: No. The trial will be held by a special master of the United States Court of Federal Claims. There are two phases of a case. First, the special master will determine if you are entitled to compensation which means that the vaccine caused or contributed to your injuries. The next phase is damages. If you cannot reach an agreement with the government at that point then the special master will determine damages. Generally, both entitlement and damages are determined by the special master upon fact testimony from witnesses, medical records, expert testimony and medical literature.
If you have any questions about the vaccine injury program, please contact me for a free, no obligation consultation or comment below.