Have you experienced a serious health problem following a vaccination? Or do you have a child or acquaintance who had an adverse reaction to a vaccine? The National Vaccine Injury Compensation Program (VICP) offers a no-fault option for resolving vaccine injury claims. Over the last 21 years, the program has paid $1.9 billion in awards and attorneys' fees.
The money comes from the Vaccine Injury Compensation Trust Fund. The Department of Treasury collects an excise tax of $0.75 on each vaccine dose to supply the Trust Fund. The VICP is the first step in any litigation for vaccine injuries. This program pays attorneys' fees if certain minimum requirements are met, even if the case is dismissed. Cases that meet the filing requirements almost always qualify for payment of attorney's fees, and representation by an attorney is strongly recommended. After you receive the decision in this program, you can elect to either accept the findings or pursue further lawsuits against the manufacturer or administrator of the vaccine.
This is not for trivial injuries. To qualify for filing a claim, the effects of the vaccine injury must meet at least one of these conditions:
1. duration of at least 6 months,
2. hospitalization AND surgery,
3. death.
The program began in October 1988. Since then, there have been 13,162 petitions filed (as of October 20, 2009). On average, it takes 2 to 3 years for a petition to be adjudicated. So far, 7,323 cases have been completed. Of these, there have been 2,365 compensation awards. The time required for the case depends on the type of injury and the extent of damages.
The vaccines covered by this program are:
1. Influenza (seasonal only, not H1N1)
2. Haemophilus influenzae type b
3. Pneumococcal conjugate
4. Human papillomavirus (HPV)
5. Diptheria, tetanus, pertussis
6. Hepatitis A
7. Hepatitis B
8. Measles, mumps, rubella
9. Meningococcal
10. Polio
11. Rotavirus
12. Varicella
13. Any combination of the vaccines listed above.
The vaccine responsible for the most filings is diphtheria, tetanus, and pertussis (DTP). Nearly 4,000 petitions have been filed, with 32% resulting in compensation awards. A distant second is the measles, mumps, and rubella vaccine, with 842 petitions and 291 compensation awards.
It is not necessary to be a United States citizen to file a claim in the VICP program, but in most cases the vaccine must have been administered in the United States. Exceptions are made for U.S. military personnel and government employees vaccinated elsewhere. For full eligibility requirements, see http://www.hrsa.gov/vaccinecompensation/persons_eligible.htm.
All significant adverse health events following vaccines should be reported to the Centers for Disease Control and the Food and Drug Administration. You can do this online at http://vaers.hhs.gov/index.
Reference:
http://www.hrsa.gov/vaccinecompensation/
Linda Fugate is a scientist and writer in Austin, Texas. She has a Ph.D. in Physics and an M.S. in Macromolecular Science and Engineering. Her background includes academic and industrial research in materials science. She currently writes song lyrics and health articles.