A Well-Kept Secret: The National Vaccine Injury Compensation Program
By Altom M. Maglio, Esq. -- Parents, teachers, physicians, and even attorneys are largely unaware of the existence of the National Vaccine Injury Compensation Program. This program was established by the federal government in 1988 to compensate individuals, or families of individuals, who have been injured by vaccinations. The vaccines covered under this program are diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, TT, or Td), measles, mumps, rubella (MMR or any components), polio (OPV or IPV), hepatitis A, hepatitis B, Haemophilus influenza type b (Hib), varicella (chicken pox), rotavirus, pneumococcal conjugate, and trivalent influenza vaccines. Injuries resulting from these vaccinations include anaphylaxis, paralytic polio, encephalopathy, seizure disorders, blood disorders, neurological disorders, and many others.
Since the program’s inception in 1988, only a miniscule percentage of the persons seriously injured by vaccinations have filed claims. Former Food and Drug Administration Commissioner David Kessler stated in 1993 that only about one percent of serious vaccine reactions are even reported. And only a tiny fraction of those persons go on to file claims under the Program.
One reason for the small number of claims may be the time limits for filing claims under the program. In cases involving a living victim of injuries from a vaccination, the claim usually must be filed within three years from the time that the first symptoms appeared. In the case of a death as a result of a vaccination, the claim usually must be filed within two years of the vaccine related injury from which the death occurred. However, there are some exceptions to these time limitations.
The primary reason that the Vaccine Injury Compensation Program was established was to protect manufacturers of vaccines and persons administering vaccines from lawsuits arising from vaccine related complications. Individuals injured by vaccines may now file suit against manufactures and persons administering vaccines only after their claim is adjudicated under this program and only if they opt to reject the compensation awarded by the program.
If you believe that you or your child has suffered serious injuries as a result of a vaccination, look into this program. If the program applies to you, it is suggested that you hire an attorney to bring the claim. Bringing a claim under the program involves a complicated legal process requiring the filing of a petition with the United States Court of Federal Claims and following the procedures of the court. However, you should not be deterred by the complicated proceedings. In certain circumstances this program provides reasonable compensation for those injured by vaccines. The program also includes a procedure whereby the program pays the fees of the attorney for the claimant.
Altom M. Maglio is an attorney representing petitioners in vaccine cases before the United States Court of Federal Claims. More information on this topic is available from his Web Site at http://www.sarasotalaw.com or by calling his office at (941) 952-5242.
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