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More on National Childhood Vaccine Injury Act of 1986
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Lawsuit
What is the process for filing a VICP claim?
- the petitioner or petitioner’s lawyer sends one original and two copies of the claim along with the medical records, other appropriate documents and a $250 filing fee to the Court;
- the petitioner or petitioner’s lawyer sends one copy of the claim including the medical records and other appropriate documents to the Secretary of Health and Human Services, c/o Director, Division of Vaccine Injury Compensation;
- the Court sends one copy of the claim and medical records to the DOJ;
- HHS reviews the medical information in the claim and this review is sent to the DOJ lawyer who represents the Secretary of Health and Human Services;
- the DOJ lawyer reviews the legal aspects of the claim and writes a report;
- the HHS and DOJ reviews are combined into one report that is sent to the Court and petitioner or petitioner’s lawyer;
- the DOJ and petitioner or petitioner’s lawyer take legal action to resolve the claim;
- a “special master” (a lawyer appointed by the judges of the Court) decides if the claim will be paid and how much will be paid for the claim;
- if the special master decides to pay the claim, the petitioner must make a decision to accept or reject the special master’s decision in writing; and
- the special master’s decision may be appealed to a judge of the Court by the petitioner or HHS, then to the U.S. Court of Appeals for the Federal Circuit, and finally, to the U.S. Supreme Court.
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