Common Vaccine Injury Claim Process Questions

At Sands Anderson, our attorneys have decades of experience navigating the ins and outs of the National Vaccine Injury Compensation Program (VICP). So, when questions arise during the process of petitioning the VICP, we can help you find the in-depth answers and complete legal support you need. And with a medical professional on our team, we bring a thorough understanding of your vaccine-related injury claim to help you chart a course toward recovery.

Below, you’ll find some common questions about the VICP and process for filing a claim. If you have specific questions regarding a vaccine-related injury, contact us today. We’re happy to help.

Compensation Process

Attorney Details

Vaccine Specifics

Compensation Process

If I file a claim, what will the VICP compensate me for?

Answer: If eligible, you can receive compensation for past and future stresses related to vaccine injuries not covered by your insurance, including:

  • Lost earnings
  • Medical and rehabilitative expenses
  • Pain and suffering

Because every claim differs, the VICP awards compensation based on the specific facts of each petition. At Sands Anderson, our skilled vaccine-injury attorneys can help you organize the details and understand your specific claim.

Question: I was injured by a vaccine, but I don’t want to blame my medical provider. Do I have to involve them in the claim?

Answer: No, you don’t have to involve your medical provider. The VICP is a no-fault program, meaning you won’t need to implicate your health care providers in any way.

The National Vaccine Injury Act of 1986 founded the program, in part, to discourage lawsuits that might cause vaccine shortages. So, when you petition the VICP, you file against the Secretary of the Department of Health and Human Services—not your medical provider.

Attorney Details

Question: Do I have to hire an attorney to file a compensation claim?

Answer: No, but navigating claims through the VICP can often be complicated and cumbersome. At Sands Anderson, our experienced, talented attorneys offer in-depth knowledge of vaccine-related injuries and guidance throughout the compensation process.

Our support can take the pressure off the process, so you can focus on your recovery.

Question: Does my compensation cover my attorney fees?

Answer: You will receive 100% of the award if the VICP compensates you for your vaccine-related injury.

As long as your case meets certain requirements, the VICP covers all your legal costs regardless of your petition’s outcome. Once your case closes, the government pays for all attorney fees.

Question: Does the attorney who handles my vaccine case have to practice in my state?

Answer: No. You have the freedom to work with any attorney, regardless of the state they practice in. The only VICP requirement is that they must be admitted to practice before the vaccine court. Here at Sands Anderson, we can provide the complete legal support you need. If you live in any U.S. state or territory, our attorneys stand ready to help you petition the VICP and pursue compensation.

Question: Do I need to travel to Washington, D.C., to have my case heard by the vaccine court?

Answer:  No. If your case goes to trial and a trip to Washington, D.C., creates undue hardships for you, the vaccine court will come to you. Additionally, because the National Vaccine Injury Compensation Program (VICP) resolves most cases in a settlement, you may not need to go to trial at all. As our client, we will help you manage the steps necessary to address your specific case.

Vaccine Specifics

Question: Are all pneumococcal vaccines covered?

Answer: Unfortunately, no. The VICP only covers the pneumococcal conjugate vaccine (PCV13), also known as Prevnar. The VICP does not cover the pneumococcal polysaccharide vaccine (PPSV23), Pneumovax.

Question: Does The National Vaccine Injury Compensation Program (VICP) cover the shingles vaccine?

Answer: The VICP does not cover the shingles vaccine (varicella zoster), because the Center for Disease and Control and Prevention doesn’t recommend it for children. Injuries sustained from the chicken pox vaccine (varicella), however, may qualify for compensation as the vaccine is intended for individuals over the age of one.

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