In Wisconsin, and throughout the country, tens of thousands of vaccine recipients will experience side effects from them. The National Vaccine Injury Compensation Program (VICP) was created by the National Childhood Vaccine Injury Act of 1986 as a no-fault system to resolve injuries resulting from adverse reactions to vaccines. The program’s mission, according to the Department of Health and Human Service’s website, is to “ensure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines.” The need for the vaccine program arose after government mandated vaccines began causing injuries. All damages rendered are taken from a federal account that is funded by a tax assessed on all vaccines.
Before having your child vaccinated you should strongly consider the risks of side effects. For example, a relatively new vaccine, Gardasil, has been a vaccine of concern. Within the first three years of production (2006-2009) more than 15,000 adverse reactions had been reported, including 3,000 injuries and 48 deaths. The Gardasil vaccine is used to prevent Human Papillomavirus (HPV)/cervical cancer, and is administered to girls, and boys, ages 9 to 26. The number of adverse reactions has become somewhat alarming, and you should seriously consider these risks before having your son, daughter, or yourself vaccinated.
The National Vaccine Injury Compensation Program was created to be an easy way to report and collect damages after receiving injuries from a vaccine. In reality, the system is anything but easy. It takes an experienced vaccine compensation attorney to navigate through the system. There are many limits and rules to filing a claim, at the top of the list is the fairly short amount of time in which the claim must be filed. The petitioner (victim) must file their claim within three years of the onset of their symptoms, and a vaccine related death claim must be filed within two years of death and within four years of the onset of the symptoms. Determining the time of when the symptoms first appeared can be very challenging, and is often the cause of dismissal in many cases. This is why it is very important for victims of vaccine injuries to seek help from an experienced vaccine injury lawyer.
It is important to know that attorney’s fees are not paid by the client; they are paid by the vaccine program. The damages awarded also include a separate award for attorney fees and costs, which need to be proven in detailed time logs. The program will also pay attorney fees if the judge denies the claimant entitlement to compensation, assuming the claim was made in good faith.
The National Vaccine Injury Compensation Program was set up to be an easy way to receive compensation for injuries caused by vaccines, but the complex rules, time limits, and proving injury makes it a very complex process. As stated above, the vaccine program provides compensation for attorney fees regardless of the outcome, so why not hire the best? Please contact Attorney Mark Krueger at Krueger Hernandez & Thompson SC with any questions regarding vaccine injuries. For more information on vaccine injuries check out the following online resources we have found:
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