Vaccine Injury Claims
Vaccine Injury Claims Lawyer Maryland
Vaccines have long been hailed as one of the most important medical advances in history. They have saved countless lives by protecting people from deadly diseases. However, vaccines, like any medical intervention, can also cause harm. Vaccine injuries are rare, but they do occur. If you or a loved one has suffered a vaccine injury, you may be wondering what legal options are available to you.
The National Vaccine Injury Compensation Program (VICP)
In the United States, the National Vaccine Injury Compensation Program (VICP) provides a no-fault system for compensating individuals who have suffered vaccine-related injuries or illnesses. The program was established in 1986 by the National Childhood Vaccine Injury Act, and it covers vaccines recommended for routine use in children and adults, including flu vaccines. The program is funded by a tax on vaccines and covers compensation for medical expenses, lost wages, and pain and suffering. It also covers the cost of legal representation for claimants.
To be eligible for compensation under the VICP, a person must file a petition with the U.S. Court of Federal Claims. The petition must be filed within three years of the first symptom of the vaccine injury or within two years of the death of the injured person. The injury or illness must also be listed as a covered injury or illness in the VICP’s Vaccine Injury Table. If the injury or illness is not listed, the claimant must prove that the vaccine caused the injury or illness.
To prove causation, the claimant must show that the vaccine caused the injury or illness by a preponderance of the evidence. This means that it is more likely than not that the vaccine caused the injury or illness. The burden of proof is lower than in a traditional civil lawsuit, where the plaintiff must prove their case by clear and convincing evidence.
If the claim is approved, the claimant will receive compensation from the VICP. If the claim is denied, the claimant may pursue a lawsuit in civil court.
Civil Lawsuits
In addition to the VICP, individuals who have suffered injuries from certain vaccines may also pursue a lawsuit in civil court. A civil lawsuit may be brought against the vaccine manufacturer, the healthcare provider who administered the vaccine, or both.
To win a lawsuit, the plaintiff must prove that the vaccine caused the injury or illness by a preponderance of the evidence. The plaintiff must also show that the vaccine was defectively designed, manufactured, or labeled, or that the healthcare provider was negligent in administering the vaccine.
In a civil lawsuit, the plaintiff may be awarded compensatory damages for medical expenses, lost wages, and pain and suffering. In some cases, punitive damages may also be awarded. Punitive damages are meant to punish the defendant for their wrongful conduct and to deter similar conduct in the future.
Statute of Limitations
It is important to note that there is a statute of limitations for filing a claim for a vaccine injury. The statute of limitations varies depending on the type of claim and the state in which the claim is filed. It is important to consult with an attorney as soon as possible to ensure that your claim is filed within the applicable statute of limitations.
COVID-19 Vaccine Manufacturer Immunity
The COVID-19 vaccine manufacturers have been granted immunity from liability for any potential adverse effects of their vaccines. This immunity is provided by the Public Readiness and Emergency Preparedness (PREP) Act, which was enacted in response to the COVID-19 pandemic.
In the event that an individual experiences a serious adverse reaction to the vaccine, they may be eligible for compensation through the Countermeasures Injury Compensation Program (CICP), which was also established under the PREP Act. However, the CICP is significantly more restrictive that the VICP, in both the eligibility criteria and the amount of compensation available to an injured person.
Conclusion
Vaccine injuries are rare, but they do occur. If you or a loved one has suffered a vaccine injury, you may be eligible for compensation under the National Vaccine Injury Compensation Program or through a civil lawsuit. Call Furman | Honick Law today and speak with a partner for a free case evaluation.
