Vaccines protect against a variety of infectious diseases, but some vaccines can cause serious injuries and even death. In 1986, Congress gave the pharmaceutical companies immunity against lawsuits for injuries or deaths caused by vaccines. If injured by a vaccine, you cannot sue the manufacturer of the vaccine, but you can sue the federal government and obtain compensation from the National Childhood Vaccine Injury Act, which is funded by taxes paid on vaccines.
The National Childhood Vaccine Injury Act covers most vaccines given in the United States, including:
- Diphtheria, tetanus, pertusis
- Hepatitis A
- Hepatitis B
- Measles, mumps, rubella
How to File a Claim for Injury/Death Caused by a Vaccine
Your petition must be filed in the United States Court of Federal Claims, also known as the "Vacccine Court". You do not have to be a U.S. citizen to file a petition. You must file a petition within 3 years after the onset of your symptoms or within 2 years of death and 4 years of the first symptoms. You can file a petition when the effects of the injury:
- lasted for more than 6 months after the vaccination, or
- resulted in-patient hospitalization and surgical intervention, or
- resulted in death
The "Vaccine Injury Table" lists the injuries/conditions that are presumed to be caused by vaccines and lists the time periods in which the first symptoms of these injuries/conditions must occur after receiving the vaccine. If the first symptoms of the injury/condition occur within the listed time periods, it is presumed that the vaccine was the cause of the injury/condition.
What You Can Recover
You may recover up to $250,000 for actual and projected pain and suffering, lost earnings and past and future non-reimbursable medical, custodial care and rehabilitation costs. For death, you may recover up to $250,000 as a death benefit for the estate of the deceased.
The Vaccine Injury Compensation Program will pay for your lawyers' fees and other costs associated with your claim.
Have Questions about Vaccine-Related Injuries?
If you have questions about a vaccine-related injury, we will be happy to help. You can call us at 845-802-0047.