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Vaccination Litigation (VICP)

Vaccination Litigation (VICP)Vaccination Injury Compensation

The National Vaccine Injury Compensation Program, or VICP, is a program established by Congress, which became effective October 1, 1988. The program provides compensation for children or adults who have suffered an injury or death as a result of any of the vaccines listed below.

The injured person or his/her family is required to show only one of the following to qualify:

  • an injury listed on the table below occurred and there is no greater evidence of an alternative cause
  • that the vaccine actually caused the condition
  • or that the vaccine significantly aggravated a pre-existing condition.

The program is no-fault, which means the injured or his/her family does not need to prove negligence on the part of the physician who wrote the prescription or the manufacturer of the vaccine.

Timelines

Claims must be filed within 36 months from the onset of symptoms following the vaccination. The effects of the injury must continue for at least six months.

Death claims must be filed within 24 months of death and within 48 months after the onset of the vaccine-related injury from which the death occurred.

Any vaccine added to the program is given eight years’ retroactive coverage and a two-year grace period after coverage to file retroactive claims.

If you or a loved one has received one of these vaccines and have sustained an injury as a result, you may have a valid claim for those injuries. Call us now at (800) 888-8888 or contact us.

Vaccine

Adverse Event

Time Period

Tetanus toxoid-containing vaccines

Anaphylaxis or anaphylactic shock

Brachial neuritis

0-4 hours

2-28 days

Pertussis antigen-containing vaccines

Anaphylaxis or anaphylactic shock

Encephalopathy

0-4 hours

0-72 hours

Measles, mumps and rubella virus containing vaccines

Anaphylaxis or anaphylactic shock

Encephalopathy

0-4 hours

5-15 days

Rubella virus containing vaccines

Chronic arthritis

7-42 days

Measles virus containing vaccines

Thrombocytopenic purpura

Vaccine-strain measles viral infection in an immunodeficient recipient

7-30 days

0-6 months

Polio live virus – containing vaccines
(OPV)

Paralytic polio
-in a non-immunodeficient recipient
-in an immunodeficient recipient
-in a vaccine assoc. community case

Vaccine-strain polio viral infection
-in a non-immunodeficient recipient
-in an immunodeficient recipient
-in a vaccine assoc. community case

0-30 days
0-6 months
Not applicable

0-30 days
0-6 months
Not applicable

Polio inactivated – virus containing vaccines (IPV)

Anaphylaxis or anaphylactic shock

0-4 hours

Hepatitis B antigen-containing vaccines

Anaphylaxis or anaphylactic shock

0-4 hours

Hemophilus influenza type b polysaccharide conjugate vaccines

no condition specified for compensation

Not applicable

Varicella vaccine

no condition specified for compensation

Not applicable

Rotavirus vaccine

no condition specified for compensationNot applicable
Vaccines containing live, oral, rhesus-based rotavirusA. Intussusception B. Any acute complication or sequela (including death) of above event0-30 daysNot applicable
Pneumococcal conjugate vaccinesA. No condition specified for compensationNot applicable

Any new vaccine recommended by the Centers for Disease Control and Prevention for routine administration to children, after publication by Secretary, HHS of a notice of coverage.

 

A. No condition specified for compensationNot applicable

New vaccine

no condition specified

not applicable

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Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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