Whether or not vaccines are safe for children has been heavily debated. Some parents and medical professionals believe that the vaccines can cause more harm than good. If your child suffered an injury as the result of a vaccination, there is a compensation program available through the federal government. Before you file a claim with the program, here is what you need to know.
What Is the Program?
The National Vaccine Injury Compensation Program, or VICP, provides financial compensation to people who have proven injuries that resulted from receiving a childhood vaccine. The purpose of the program is to provide a method of compensating victims without the hassle of going through the court system. There are strict requirements that must be met to be eligible for the program.
What Are the Requirements?
In order to be eligible for VICP, your child must have received a certain type of vaccination. As of February 2016, the eligible vaccinations include:
- Polio
- Measles, mumps, and rubella
- Human papillomavirus
- Diphtheria, tetanus, pertussis
- Rotavirus
- Varicella
- Meningococcal disease
- Influenza
- Haemophilus influenza type B
If the vaccination your child received is not included in the list, check the listing provided on the U.S. Department of Health and Human Services, or DHHS. The list is updated on a regular basis as more information because available regarding vaccinations and possible injuries.
In addition to receiving one of the listed vaccinations, you also have to show that your child suffered an injury that was directly resulted from having the vaccine. The DHHS has a list of injuries that has been found to be consistent with those possible by having certain vaccinations. Review the list to determine if your child's injury fits the list and timetable for the appearance of symptoms.
If your child's injuries are not listed, it does not necessarily mean he or she is not eligible to receive compensation. What it does mean is that your child's treating physician will have to provide enough information to support the belief the injuries suffered resulted from the vaccine.
How Do You File a Claim?
Your attorney can file a petition in a U.S. federal court. In the petition, he or she must include relevant information, such as your child's name, date of the vaccine, and the injuries that resulted.
If your petition is successful, you can receive compensation for damages, such as lost earnings, attorney's fees, and past and future medical care.
The process to collect compensation from the VICP is complicated and requires legal and medical knowledge. Consult with an experienced attorney (like those at Fitzpatrick, Skemp & Associates LLC) to ensure that your petition is complete and properly filed.
