Vaccine Act FAQs | National Child Vaccine Injury Act

	National Child Vaccine Injury Act • The Program • Do I Have a Case? • Handling Your Case • Vaccine Act FAQs Law Office of David E. Marmelstein 146 High St Enfield, CT 06082 Toll Free: 888-651-2096 Phone: 860-265-4520 Fax: 860-698-9507 Map and Directions

Helping Clients Find Answers for Over 25 Years

At the Law Office of David E. Marmelstein, we have over 25 years of experience helping clients throughout the Eastern Seaboard understand their rights. David Marmelstein offers clients the information they need to know if they have a claim under the National Child Vaccine Injury Act. Schedule a free initial consultation by contacting us online or by calling 888-651-2096 to learn more.

Some of the common vaccine act FAQs include:

What vaccines are covered by the Vaccine Injury Compensation Program (VICP)?
Who can file a claim under the Vaccine Injury Compensation Program (VICP)?
Where does the money come from to pay for my injuries?
Is there a deadline for filing my claim?
Is the compensation under the VICP limited?
How much is it going to cost me to file a claim under the VICP?
I've heard that autism may be a vaccine-related injury. Is it covered under the VCIP?

What Vaccines Are Covered by the Vaccine Injury Compensation Program (VICP)?

Some of the more common vaccines covered include:

Diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, Td, or TT)
Haemophilus influenza type b (Hib)
Hepatitis A (HAV)
Hepatitis B (HBV)
Human papillomavirus (HPV)
Influenza (TIV, LAIV) [given each year during the flu season]
Measles, mumps, rubella (MMR, MR, M, R)
Meningococcal (MCV4, MPSV4)
Polio (OPV or IPV)
Pneumococcal conjugate (PCV)
Rotavirus (RV)
Varicella (VZV)

Who Can File a Claim Under the Vaccine Injury Compensation Program (VICP)?

You may file a claim if you or your child received a vaccine covered by the VICP and you believe you or your child was injured by the vaccine. In order to qualify for compensation, the effects of the injury must have resulted in a hospital stay, surgery, death or lasted more than six months after the vaccine was given.

Where Does the Money Come From to Pay for My Injuries?

A trust fund was set up under the NVICP to offer compensation for vaccine-related injuries or death claims. This money can be used to cover vaccines administered after October 1, 1988. Pharmaceutical companies are charged an excise tax for each vaccine that is purchased, and this tax money is used to fund the trust. This fund is administered through the U.S. Department of Health and Human Services.

Is There a Deadline for Filing My Claim?

If the vaccine resulted in an injury, in most cases you must file your claim within three years after the first symptom. If the vaccine resulted in death, you must file your claim within two years of the death and within four years after the first injury symptom.

Is the Compensation Under the VICP Limited?

If the vaccine resulted in an injury, the awards are determined on a case by case basis under the NVICP. There are restrictions to these awards. If a vaccine resulted in death, the estate can receive up to $250,000 plus attorney's fees and costs.

How Much Is It Going to Cost Me to File a Claim Under the VICP?

The initial filing fee for a claim is $250 and may be waived subject to your financial condition. Once a settlement is reached, the attorney's fees and costs are awarded and approved by the Department of Justice. The attorney's fees are not taken from the money you are awarded.

I've Heard That Autism May Be a Vaccine-Related Injury. Is It Covered Under the VCIP?

As of October 9, 2009, the autism cases have been the subject of three test cases that are currently pending before the court. Because this is an unsettled area of the law, so we recommend that you contact our office for a more particular evaluation of your case. For additional information, see the U.S. Court of Federal Claims Autism Decisions.

If you have more questions about the compensation you may be eligible for, contact an experienced lawyer to schedule your free consultation. We can be reached online or by phone: 888-651-2096.