Understanding the Vaccine Court-Part 4:
When do I need to File my Case for the VICP? How long do cases take in the VICP?
The 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 vaccines.
When do I need to File my case with the VICP?
If you believe you have experienced an injury from an adverse reaction to a vaccine and want to file a claim in the VICP you must do so within 36 months of receiving the vaccine; or within 36 months of the first sign or symptom of your claimed injury. Failure to do so will result in your case being dismissed. At first glance, the 36-month statute of limitations seems clear cut and understandable. However, it is anything but, and is often used by the court to dismiss valid injury claims. Some adverse reactions such as Guillain-Barré Syndrome or Premature Ovarian Insufficiency can take years to diagnose, making filing a case within the 36 months difficult.
How long does the claim process with VICP take?
The length of time per case varies depending on the type of case, the claim, and damages. Some cases settle within months, and others take years due to complex issues. Generally, issues involving causation take the most time.
Am I Eligible?
If you or a loved one believe you have sustained an adverse reaction to a vaccine and want to file a claim in the VICP you must do so within 36 months of the first sign or symptom of your claimed injury. Failure to do so will result in your case being dismissed, for as we have discussed here, time is of the essence. Also of note, the legal expenses associated with your claim, including attorney services are covered under the program, so there is no financial risk involved. You can contact me by calling 1-800-431-9776 or emailing me at email@example.com with any questions or concerns. At Krueger Hernandez & Thompson SC, We listen, We care, We get results!
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