Vaccine Compensation: Rise in cases for the Vaccine Court (US Court of Federal Claims)
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. Should an individual believe that they, or their child, has been injured as a result of a vaccine, they are able to file a petition with the Office of Special Masters within the U.S. Court of Federal Claims to seek compensation. From their petition and evidence, the U.S. Department of Health and Human 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 judgement for compensation or dismissal. With the assumption that compensation has been granted, the Court orders the U.S. Department of Health and Human Services to award compensation to the petitioner.
Vaccine Cases are on the Rise
From 2011 to 2015, the number of Vaccine cases filed each year has been steadily on the rise. According to the 2016 Annual Statistical Report from the United States Court of Federal Claims, “General jurisdiction cases increased by over 9% while vaccine petitions increased by approximately 40%.” Per the U.S. Department of Health and Human Services, there have been approximately 18,000 petitions for compensation under the VICP since 1988, and last year accounts for more than 1,000 of them. While there are many factors that attribute to this increase, an increase at this rate is alarming, especially when it is only the end of February 2017, and already there have been nearly 500 new petitions for this year.
Are you eligible to file a claim in the Vaccine Court?
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, as all attorney fees and costs are covered by the VICP. Keep in mind, that the statute of limitations is very strict in the VICP, 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.uscfc.uscourts.gov/
• http://www.hrsa.gov/vaccinecompensation/index.html
• http://www.nvic.org/injury-compensation.aspx
• http://www.nvic.org/NVIC-Vaccine-News/July-2009/Preventing-Gardasil-Vaccine-Injuries-Deaths.aspx
• https://khtlawyers.com/blog/vaccine/vaccine-compensation-law-top-reasons-hire-mark-kruegerkrueger-hernandez-sc-vaccine-injury-compensation-claim/
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