• Skip to primary navigation
  • Skip to main content

Krueger Hernandez & Thompson SCEstate

Attorneys at Law

  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Attorney and Staff Profiles
    • Communities We Serve
      • Adams County
      • Columbia County
      • Dane County
      • Madison/Middleton Area
      • Sauk County
  • Estate Planning
    • Asset Protection & Business Planning
    • ESTATE AND GIFT TAX FIGURES
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Practice Areas
    • Business Needs
    • Divorce / Family Matters
    • Injuries and Adverse Reactions To Vaccines
    • Real Estate
  • Resources
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Trust Administration & Probate Frequently Asked Questions
    • LGBTQ Resources
    • Pre Consultation Form
    • Special Needs Resources
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • When a Loved One Passes Away With a Trust
      • When a Loved One Passes Away With a Will
  • Testimonials
    • Review us
    • Our Testimonials
  • Webinars
    • Legacy Wealth Planning
    • Medicaid Planning
  • Blog
  • Contact Us
  • Call Us Today (800) 431-9776
  • Attend Free Webinar
    • Medicaid Planning
    • Estate Planning
  • Show Search
Hide Search
Home / Vaccine / Part 1: What is the Vaccine Court?

Part 1: What is the Vaccine Court?

Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC · May 3, 2017 ·

Understanding the Vaccine Court – Part 1: What is the Vaccine Court?

In 1986 the VICP (National Vaccine Injury Compensation Program) was established to help compensate vaccine recipients and their families who have been severely injured as a result of adverse effects from certain vaccines. Justice, Right, Case-Law, CourtThe VICP pays for the legal expenses associated with the claim so that there is no financial risk to seek the services of an experienced vaccine attorney. Should an individual believe that they, or their child, has been injured as a result of a vaccination, they are able to petition the U.S. Federal Court of Appeals to seek compensation. From their petition and evidence, the U.S. Department of Human and Health Services reviews the case and makes a preliminary recommendation, and then passes it on to the Department of Justice(DOJ) for further medical and legal analysis. The DOJ then submits a report of their findings to the court-appointed “Special Master”, who serves as a judge and issues a judgment for compensation or dismissal. With the assumption that compensation has been granted, the Court orders the U.S. Department of Human and Health Services to award compensation to the petitioner.

How do I know if I am eligible for compensation?

The main way in which entitlement to compensation is awarded is through the occurrence of a “Table Injury”. The Vaccine Injury Table was created to help streamline the process of seeking compensation for those who have suffered injuries that are linked to certain vaccinations. The VICP has a table which lists three requirements:

  • The Vaccine is covered in the program.
  • The Illness, Disability, Injury or Condition – that is commonly linked to the vaccine.
  • The Time for first symptom or manifestation of onset or of significant aggravation  vaccine administration.

When an individual meets all three of these requirements specified in the table it is presumed that the causation is the vaccine, and compensation is available.

However, as often happens, not all injuries are included on the Vaccine Injury Table. When this happens, an individual may still file a petition, however, the burden of proof is now their responsibility. This process requires arduous study of medical records, finding of expert witnesses, and proving causation between the vaccine and the Illness, Disability, Injury, or Condition.

How do I start a claim if I think I am eligible?
The Program was designed to be straightforward and uncomplicated. It was also started to protect vaccine manufacturers from lawsuits and to encourage the development of vaccines without fear of litigation. However, because you have to prove that the vaccine was the cause of your injuries, it is extremely complicated, and requires representation by an attorney licensed to practice law in the US Court of Claims. At Krueger Hernandez & Thompson SC, our more than 30 years of experience in the US Court of Federal Claims gives us the advantage of knowledgeable expert witnesses needed to prove your claim.

If you think that a vaccine is responsible for a physical or mental injury and/or if your doctor has been unable to explain the cause of injuries or symptoms after you or a loved one have received a vaccination, then please feel free to contact me for a no cost, no obligation consultation. If there is a claim, we will represent you and there will be no financial risk to you. Keep in mind, that there are time limits in filing these types of claims so it is always best to protect your rights and get answers to your legal questions regarding a vaccine claim as soon as possible. You can contact us from anywhere in the United States by calling us at (800)431-9776 or email mark@kh-law.net with questions or concerns.

Additional Blogs and Resources on this topic:
• https://khtlawyers.com/blog/litigation/national-vaccine-injury-compensation-program/
• http://www.hrsa.gov/vaccinecompensation/index.html
• http://www.nvic.org/injury-compensation.aspx
• http://www.hhs.gov/asl/testify/t990928b.html 
• http://www.nvic.org/NVIC-Vaccine-News/July-2009/Preventing-Gardasil-Vaccine-Injuries-Deaths.aspx
• http://www.cdc.gov/vaccines/vac-gen/side-effects.htm
• https://khtlawyers.com/blog/vaccine/vaccine-compensation-law-top-reasons-hire-mark-kruegerkrueger-hernandez-sc-vaccine-injury-compensation-claim/

  • Author
  • Recent Posts
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Latest posts by Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC (see all)
  • The Questions of Estate Planning, Part 6: Why - January 6, 2020
  • The Questions of Estate Planning, Part 5: How - January 2, 2020
  • The Questions of Estate Planning, Part 4: Where - December 30, 2019

Vaccine

Blog subscription

MIDDLETON

8215 Greenway Blvd, Ste. 590
Middleton, WI 53562
United States (US)
Phone: (608) 824-9540
Fax: (608) 824-9140

BARABOO

120 Third Street, Unit A
Baraboo, WI 53913
United States (US)
Phone: (608) 356-3961
Fax: 608-824-9140

By Appointment Only
All Mail Should be Directed to the Middleton Address

Opening hours

Monday7:00 AM - 5:30 PM
Tuesday7:00 AM - 5:30 PM
Wednesday7:00 AM - 5:30 PM
Thursday7:00 AM - 5:30 PM

Map

map for Krueger Hernandez & Thompson SC Estate ofice

Se Habla Español
Nous Parlons Français

  • Facebook
  • LinkedIn
  • Twitter

© 2021 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us