Under what circumstances may a vaccine administrator or vaccine company be sued?
1. If the petition has been judged non-compensable or dismissed under the National Vaccine Injury Compensation Program (VICP); or
2. If the award granted by the VICP is otherwise rejected by the petitioner; or
3. If the vaccine is not covered under the VICP.
The NVICP, simply known as "Vaccine Court", is set up within the US Court of Federal Court of Claims. In 1986, Congress passed the NVICP in an attempt to provide a no-fault, non-adversarial, fair and equitable system for compensating victims who suffered an adverse reaction to a mandatory vaccination. Claimants are entitled to file Petitions for Compensation in the United States Court of Federal Claims in Washington, D.C. The respondent for these claims is the Secretary of Department of Health and Human Services, and the claims are defended by the Department of Justice. The cases are initially heard by Special Masters, and their decisions are typically upheld on appeal.
If claimants can show that a vaccine caused their injuries, then they are entitled to compensation pursuant to the statute. As is has evolved, the NVICP has become an adversarial roadblock, and the Secretary has made it extremely difficult to prove causation in many cases. There are many legal pitfalls that may be encountered along the way, and, because of the limitations on attorneys fees and expenses, which are paid by the program, (only after the case is over), it is difficult to find lawyers who have extensive experience with the program and are willing or able to represent claimants.
What if you suffer a side effect from the vaccine?
You may be eligible to bring a claim under the National Vaccine Injury Compensation Program. Learn more here.