Understanding Vaccine Act Claims
A Guide to the VICP
The National Vaccine Injury Compensation Program (VICP) is a specialized federal program established to provide financial compensation to individuals who have been injured by certain vaccines. At Braden Blumenstiel Legal Advocates Group, LLC, we understand that while vaccines are an important component of public health, adverse reactions can have devastating, life-altering consequences for individuals and their families.
What is the National Vaccine Injury Compensation Program?
The VICP was created by the National Childhood Vaccine Injury Act of 1986 to provide a stable vaccine supply and a no-fault alternative to traditional litigation for those injured by certain vaccines. During the 1980s, a surge in lawsuits against vaccine manufacturers threatened to cause vaccine shortages and reduce vaccination rates. In response, Congress established the VICP as a "no-fault" alternative to the traditional tort system.
The program is designed to resolve vaccine injury claims by providing a streamlined process for obtaining compensation. It is funded by an excise tax on every dose of covered vaccines purchased, which goes into the Vaccine Injury Compensation Trust Fund in Washington, D.C.
How the Program Helps Individuals
The VICP covers vaccines recommended by the Centers for Disease Control and Prevention (CDC) for routine administration to children and adults. If an individual experiences a recognized adverse reaction—such as Shoulder Injury Related to Vaccine Administration (SIRVA), Guillain-Barré Syndrome (GBS), or Transverse Myelitis — they may be eligible to file a petition and receive compensation. Because it is a no-fault system, claimants do not need to prove that a vaccine was defective or that a healthcare provider was negligent. Instead, they must demonstrate that the injury was caused by the vaccine.
The Process of Pursuing a Vaccine Act Claim
Navigating the "Vaccine Court" is a highly technical legal process. The steps generally include:
● Filing a Petition: A legal petition is filed with the U.S. Court of Federal Claims in Washington, D.C.
● Medical Review by HHS: The U.S. Department of Health and Human Services (HHS) reviews the petition and medical records to evaluate the medical basis for the claim.
● Evaluation by the DOJ: The U.S. Department of Justice (DOJ) evaluates the claim and represents the government in these proceedings.
● Adjudication: A court-appointed Special Master reviews the evidence and determines whether compensation is or is not appropriate.
● Resolution: If the Special Master finds in favor of the claimant, the Court determines the amount of damages to be awarded.
Available Compensation for Claimants
Individuals who have suffered a vaccine injury may be entitled to several types of compensation, including:
● Unreimbursed Medical Expenses: Compensation for past and future medical care, equipment, and rehabilitation.
● Lost Earnings: Recovery for wages lost due to the inability to work following the injury, as well as lost future earnings due to a decrease in earning capacity.
● Pain and Suffering: Compensation for past and future physical pain and emotional distress.
● Death Benefits: A fixed amount of $250,000 for the estate of an individual whose death was caused by a covered vaccine.
Legal Representation at No Cost to You
One of the most important aspects of the Vaccine Act is its provision for attorney's fees. The VICP recognizes the complexity of these cases and ensures that claimants have access to legal counsel. Under the Act, attorney's fees and costs are paid by the program—not the client—regardless of the outcome (as long as the claim was filed in good faith and with a reasonable basis). The program pays for reasonable attorney's fees and legal costs separately from any compensation awarded to the claimant. This means that Braden Blumenstiel Legal Advocates Group, LLC does not take a percentage of your award, and our clients pay nothing out of pocket for our legal representation.
How Braden Blumenstiel Legal Advocates Group, LLC Can Help
Pursuing a claim in the U.S. Court of Federal Claims requires a deep understanding of federal rules, medical terminology, and the specific nuances of the Vaccine Injury Table. Braden Blumenstiel Legal Advocates Group, LLC helps clients navigate the complex legal and medical requirements that often determine whether a claim succeeds, including identifying the correct medical theory of causation, gathering and organizing medical records, working with qualified medical experts when needed, meeting filing requirements and deadlines, preparing supporting affidavits and evidence, and advocating through motion practice, settlement discussions, and hearings before the Special Master. We handle the heavy lifting of the legal process so that you can focus on your recovery and your family.
We are dedicated to ensuring that those who have suffered injury as a result of being vaccinated are not left to bear the burden of an unexpected injury alone.
If you or a loved one has suffered an adverse reaction to a vaccine, we are here to ensure that the system works as intended—to right the wrong and protect your future.
Please call us at 614-508-1677 or 888-343-9796 to learn more about how we can help.
Righting Wrongs and Protecting Futures