The Federal Compensation Program and Vaccine Injuries
Posted on Nov 27, 2013 4:35pm PST
The National Vaccine Injury Compensation Program is a federal program that was created to compensate people who are injured or fall ill as a result of childhood vaccines. Eligible individuals can avoid litigation in the court system when they are injured by a vaccine and instead use the act and go through a faster process to get financial compensation. All claims that are honored are paid out from the vaccine recovery fund.
The program was created in the 1980s when expensive lawsuits over injuries caused by childhood vaccines acted as a deterrent that kept companies from working and developing new vaccines. Many of the vaccines that companies had the propensity to create were ones that would provide clear societal benefits, and yet individuals were wary to start working on the vaccines in fear that they would be sued if there were poor effect. Propel and families who were injured by childhood vaccines were also spending massive amounts of money and time seeking compensation from complex court cases. In response to these situations, Congress decided to establish the National Vaccine Injury Compensation Program.
This program will ensure an adequate supply of vaccines, stabilize vaccine costs, and has provided an accessible and efficient forum for people truly injured by vaccines with the right to compensation. The VICP will allow children and families to get the compensation that they desire. According to the National Vaccine Injury Compensation Program, the occurrence of a child being noticeably injured from a vaccine is rare. Yet when this does happen, the program will provide the finances from a no-fault system that is paid for by a small tax on every single vaccine that is issued.
This way, vaccine makers are not penalized for the errors that their vaccines have on the public. In some situations, this may be a frustrating situation for an individual that was noticeably harmed by a vaccine and wants to hold the vaccination maker accountable for the errors. Still, the VICP has been in action since 1988 and the number of lawsuits involving vaccines since that time has decreased markedly. Companies continue to manufacture vaccines without the threat of lawsuits and can continue to experiment with new medications as well.
To obtain compensation from the VICP, individuals file a claim in the U.S. Court of Federal Claims. A special trained lawyer will then hear the case and determine if it falls within the guidelines for VICP compensation. The lawyer will then order payment from the vaccine trust fund as is necessary. Normally, individuals can only receive compensation if their vaccines are included in the program. The vaccines included in the program include diphtheria, tetanus, pertussis, hepatitis A and B, measles, mumps rubella, rotavirus, polio, influenza, and more.
You can talk with a medical malpractice lawyer to determine whether or not the vaccine that caused your illness or injury is on this list. Also, individuals need to prove that their injury lasted for at least six months after the vaccine was given, resulted in a hospital stay, resulted in necessary surgery, or resulted in death. If one of these aspects does not apply to your case, then you will not have the ability to seeking compensation out of this fund. Injured individuals can typically earn up to $250,000 if compensation with this program, while the families of those who are deceased can earn up to $250,000 in death benefits. Sometimes, injured individuals can also receive coverage for attorney's fees and other legal costs, lost earning, and past and future nonreimbursable medical care and rehabilitation costs. If you want more information about vaccination payments then talk with a local medical malpractice lawyer near you today!
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