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Vaccines are administered to healthy adults and children to prevent diseases from entering the body. There are vaccines for measles, mumps, and rubella, which include the MMR vaccine that are given to pregnant women and infants. All of these vaccines are administered in different ways.
Take note that vaccine injury may occur when vaccines are administered incorrectly or because of a manufacturer’s fault. To get compensation from any vaccine-related injury, it’s important to have information about the Vaccine Injury Compensation Program.
Learn how the Vaccine Injury Compensation Program works by reading below.
What Is Vaccine Injury?
There are several vaccines on the market today, like flu shots. Some vaccines are given in single injections, while others are given in series. Each vaccination method has its own set of risks and complications, which may result in vaccine injury.
A company must compensate for any harm suffered by a consumer. For example, if a vaccine causes an adverse reaction in a child, they must pay.
What Is the Vaccine Injury Compensation Program?
The Vaccine Injury Compensation Program is a federal program created to provide compensation for the injury and medical expenses caused by a vaccine or group of vaccines.
Here are the facts and how it works:
- The program was established in 1988. Before then, people filing suits against manufacturers on behalf of victims had to rely on a state’s medical malpractice laws. But, in 1988, Congress enacted the VICP, making it the first comprehensive federal vaccine compensation program.
- The U.S. Federal Vaccine Injury Compensation Program (VICP) administers a comprehensive no-fault system to help individuals file a claim against manufacturers.
- As the name suggests, the federal vaccine compensation program is designed to help pay for medical expenses and financial assistance due to illness or injuries caused by a vaccine.
How A Vaccine Injury Lawyer Can Help
An experienced vaccine injury lawyer understands the laws surrounding vaccine injury and is familiar with the process involved in filing a claim. The lawyer can also help resolve any disagreements with the vaccine manufacturer.
The attorney will argue on behalf of the plaintiff and work with medical experts to determine the extent of the victim’s injury and the cause of the injury.
Here’s how a personal injury lawyer can help in vaccine injury:
- Seek Compensation: Lawyers will work to obtain justice for the victim and work toward compensation for financial hardship. The money received from the settlement will typically help pay off medical bills, making it easier to support the victim’s children and put money away for the victim’s future.
There are different compensation programs that can offer a greater level of compensation than other programs. An experienced vaccine injury attorney will be familiar with the various programs and may be able to help you find the right program for your particular case.
- Negotiate For Settlement: An experienced vaccine injury lawyer will know when to negotiate a settlement and what to expect in the long run.
Take note that some lawyers may not take on cases where the victim is seeking a lot of monetary damages. At the same time, other attorneys may only work with cases where the client is seeking only monetary compensation.
- Prove Who’s at Fault: There’s a tendency that the vaccine that caused the injury can be traced back to the seller or manufacturer. Multiple cases of people complaining about vaccine injury can prove that the manufacturer is at fault.
Your lawyer will investigate if there are other victims of vaccine injury similar as yours. Your attorney will need to prove that the manufacturer intentionally failed to warn their clients about potential side effects, purposely ignored warning signs, and show that their products were manufactured in a defective manner.
- Client Advocate: A vaccine injury attorney should be willing to provide their client with all of the information about the vaccine in question so that they can determine the cause of the injury and the best course of action for the client. An experienced lawyer should also be able to provide details about the damages the victim might be entitled to.
The claims process for vaccine caused the injury is typically the same with other personal injury cases. Your lawyer will communicate with the manufacturer about your condition and your claim by presenting substantial evidence to prove it.
Also, your lawyer will negotiate with the insurance company of the manufacturer to seek compensation for your damages or file the necessary case against the vaccine manufacturer if fraud is also present.
The Vaccine Injury Compensation Program serves as a claims process. It can be confusing and challenging, but the attorney will work hard to help you through the process so that you get the compensation that you deserve.
When searching for a lawyer, ask about the attorney’s background and experience.