Vaccine Injury Law
No medical intervention is completely risk free. Vaccines, though they are designed to protect against disease, can sometimes cause severe and disabling adverse reactions in the people who receive them. Fortunately, most people who are vaccinated do not suffer or experience a severe and disabling reaction. However, for those who regrettably experience the rare severe adverse reaction to vaccination, the National Vaccine Injury Compensation Program (NVICP) can provide financial compensation for your vaccine injury. Attorney Jeffrey A. Golvash has extensive experience in litigating vaccine injury claims through the NVICP and has handled claims involving Guillain-Barre Syndrome, Transverse Myelitis, SIRVA (Shoulder Injury Resulting From Vaccination), Brachial Neuritis, ADEM (Acute Disseminated Encephalomyelitis) , Lupus, Connective Tissue Disorder, Intussusception, Parsonage-Turner Syndrome, Polyneuritis, ITP (Immune Thrombocytopenic Purpura), Aseptic Meningitis, Cranial Nerve Palsy, Anaphylaxis, Cerebral Aneurysm, Viral Encephalitis, Rheumatoid Arthritis, and Mononeuritis Multiplex.
What is the National Vaccine Injury Compensation Program?
The National Vaccine Injury Compensation Program, or NVICP, provides compensation for those individuals who have been injured by certain vaccines. The NVICP is a no-fault alternative to the traditional tort system for resolving vaccine injury claims. Congress established the NVICP to protect the nation’s vaccine injury supply by reducing lawsuits against manufacturers and health care providers and to compensate individuals who are the victims of vaccine injuries. Rather than bringing a civil lawsuit against the vaccine manufacturer or health care provider, federal law requires any vaccine injury claim to be first filed under the NVICP. Vaccine injury claims under the NVICP are initiated by way of Petition for Compensation and are filed with the United States Court of Federal Claims. Each claim is defended by the Secretary of Health and Human Services who is represented by the Department of Justice. The case is assigned to a Special Master who presides over the proceedings and makes the decision for compensation under the NVICP.
What vaccines are covered by the National Vaccine Injury Compensation Program?
- Diptheria, Tetanus, Pertussis (e.g. DTP, DTap, Tdap, DT, Td, TT)
- Haemophilus influenza type b (e.g. Hib)
- Hepatitis A (e.g. HAV)
- Hepatitis B (e.g. HBV)
- Human Papillomavirus (e.g. HPV)
- Seasonal Influenza (e.g. Flu)
- Measles, Mumps, Rubella (e.g. MMR, MR, M, R)
- Meningococcal (e.g. MCV4, MPSV4, MenB-FHbp, MenB-4C)
- Pneumococcal conjugate (e.g. PCV)
- Polio (e.g. OPV or IPV)
- Rotavirus (e.g. RV)
- Varicella (e.g. VAR)
- Any combination of the vaccines above
Who can file under the National Vaccine Injury Compensation Program?
You can file a Petition for Compensation if you:
- Receive a covered vaccine and believe you have been injured by the vaccine; OR
- Are the parent or legal guardian of a child or disabled child who received a covered vaccine and whom you believe was injured by the vaccine; OR
- Are the legal representative of the estate of a deceased person who received a covered vaccine and who you believe was injured by the vaccine and/or whose death you believe resulted from that vaccination
But you must also meet the severity requirement:
- The effects of the injury must have lasted more than 6 months after the vaccination; OR
- The effects of the injury resulted in inpatient hospitalization AND surgical intervention; OR
- The effects of the injury resulted in death
How long do I have to file my claim?
To be eligible for compensation, claims must be filed:
- For an injury claim – within 3 years after the first symptom of the vaccine injury; however, to be safe, we recommend the claim be filed no later than 3 years from the date of vaccination
- For a death claim – within 2 years of the vaccine-related death and not more than 4 years after the start of the first symptoms of the vaccine-injury related injury from which the death occurred
What compensation may be awarded?
- Past and future non-reimbursable medical, custodial care, and rehabilitation costs, and related expenses
- Up to $250,000 for actual and projected pain and suffering
- Lost earnings
- Attorney’s fees and costs
- $250,000 as a death for the estate of the deceased
- Attorney’s fees and costs
Do I have to pay legal fees if I hire an attorney to represent me?
No. It is important to understand that your attorney’s fees and costs are paid by the Program. You will not get billed for our services and you will not pay a contingency fee or percentage fee out of any award you may get in the Program. Any award of attorney’s fees and costs are paid separate and apart from any compensation you may receive from the Program. In short, “win” or “lose” you will not be responsible for payment of any attorney’s fees or costs incurred in the filing and subsequent litigation of your claim.