Vaccine Injury Compensation Program
Civil, Civil Rights, Individual, Personal Injury | July 31, 2015
Over the last few years, there has been a growing mistrust about pharmaceutical companies, and particularly the system and schedule of vaccinations. Many people are seeing adverse injuries and side effects of vaccines and are asking, “What happens if my child is injured by a vaccine?” Parents are often surprised to learn about the current system.
In fact, the average person, and even the average attorney, has never heard that there is a special program to deal with vaccine injuries that is separate from our court system.
The Vaccine Injury Compensation Program
In 1986, The Vaccine Injury Compensation Program was created by Congress through the National Childhood Vaccine Injury Act. The Act established a “no-fault” program designed to compensate individuals for an injury or death resulting from a vaccine.
The difference between this program and other medical injury or personal injury claims is the responsible party. Usually, for personal injury claims against a company, there is a Defendant who is held responsible. Under Vaccine Injury Compensation Program, the pharmaceutical companies and manufacturers are not included as Defendants, and do not need to be represented during the claims process. Any resolution for the injury is considered to be “no-fault” of the parties that made, distributed, or administered the vaccine.
Essentially, the pharmaceutical companies are granted “immunity” by Congress from any legal claims against them.
Because of this program, a person who is injured by a vaccine, must petition a government agency to award a fee, rather than file a lawsuit against the companies who are manufacturing the vaccines. If a fee is awarded, the Vaccine Injury Compensation Program uses a fund to disburse to the claimant. The fund is created by a tax on each dose of a vaccine that is sold – meaning for every vaccine administered, a tax is levied and the revenue is deposited in order to later award an injured individual, or family of a deceased individual, as a result of these vaccines.
If you think your child is experiencing adverse injuries and side effects from a vaccination, contact our experienced personal injury attorneys at 717-843-8046.