Injury Attorney Comments on Vaccine Injury Claims
Vaccine injury due to government mandated vaccines can result in financial rewards to victims or their families according to injury attorney Brien Roche . The government has established an inexpensive and efficient mechanism for keeping children safe from a number of different illnesses such as polio, whooping cough, measles and other diseases through its vaccination program.
However, if your child is injured as a result of such a vaccine, then federal law governs any claims that are made against the vaccine manufacturer. You must first submit your claim under the National Vaccine Injury Compensation Program. This is a no-fault program that was set up by the federal government to provide compensation for those that are injured as a result of vaccine-related administrations.
What You Need to Know
- Vaccine injury claims must be filed within three years of the onset of the injury symptoms and the claim must be filed within two years of death or within four years of the onset of such symptoms.
- These claims are filed in the U. S. Court of Federal Claims and are governed by well established rules wherein first entitlement is established and then if entitlement is established then damages are determined.
- The Court determines whether or not the Plaintiff has presented a preponderance of evidence that the injuries were in fact caused by the vaccine.
- There are some vaccine injuries that are covered by what is called a presumption of coverage. For instance, anaphylactic shock is presumed to have been caused by a vaccine if it occurred within a certain time after the vaccine was administered. There is a table within the vaccine statute that establishes which types of injuries are governed by such a presumption.
- In terms of awarding damages the Court looks at both past and future medical expenses, loss of wages and any other financial loss that may be properly set forth. The collateral source rule does not apply. What that means is that if the injured party otherwise has insurance coverage then the vaccine program will not cover those expenses.
- Likewise, attorney’s fees are governed by some strict standards. The Court will award a reasonable fee based upon an hourly rate that may apply to the attorney. As long as the claim was made in good faith with an adequate factual basis, the attorney’s fees can still be awarded even if the claimant is not deemed to be entitled to any damages.
- The claimant also has the right to decline any damage award that is made and simply withdraw from the program and then file suit against the manufacturer.
- The pursuit of these types of claims through the program requires a complete disclosure of the entire medical history of the claimant literally back to the time of birth. The burden is on the plaintiff to submit all of those records for review.
The vaccine program was established by the federal government as a means of providing reasonably prompt compensation for the claimant and at the same time to provide some limitation on liability for the manufacturer so as to encourage the development of such vaccines.
If you have a claim for a vaccine injury in Virginia, Maryland or Washington, DC, contact us to find out how attorney Brien Roche can help.
See vaccine maker’s immunity for more information.