Vaccines and Compensation
Which vaccines are covered by the National Vaccine Injury Compensation Program?
The Vaccine Injury Table lists all of the vaccines that are covered by the Vaccine Injury Compensation Program (VICP). If a vaccine is not contained on the Vaccine Injury Table, then an injury that is allegedly caused by the vaccine is ineligible for compensation in the VICP. Vaccines that are listed on the Vaccine Injury Table are: tetanus toxoid vaccines (DTaP, DTP, DT, Td, or TT), pertussis vaccines (DTP, DTaP, P, DTP-Hib), measles, mumps and rubella vaccines (MMR or any variants), polio virus vaccine, Hepatitis A, Hepatitis B, Hemophilus influenza type b (Hib), Varicella, rotavirus, pneumococcal conjugate vaccines, seasonal influenza, meningococcal vaccines, and human papillomavirus (HPV) vaccines.
Is the shingles vaccine covered in the VICP?
No. The shingles vaccine is not covered by the VICP. The varicella (chicken pox) vaccine is covered though. Individuals who claim the shingles vaccine is the cause of their injury would have to file a civil suit outside of the VICP.
Are all pneumonia vaccines covered in the VICP?
No. Only pneumococcal conjugate vaccines are covered in the VICP: Prevnar 7 (PCV7), Prevnar 13 (PCV13), and Synflorix (PCV10). The most commonly given pneumonia vaccine, Pneumovax-23, is not covered by the VICP. Individuals who claim the Pneumovax-23 vaccine is the cause of their injury would have to file a civil suit outside of the VICP.
What types of compensation are available in the Vaccine Program?
Pain and Suffering:
Physical pain and suffering is the pain of the plaintiff’s actual physical injuries. It includes not just the pain and discomfort that the claimant has endured to date, but also the detrimental effects that he or she is likely suffer in the future as a result of the defendant’s negligence.
Mental pain and suffering results from the claimant's being physically injured, but it is more a by-product of those bodily injuries. Mental pain and suffering includes things like mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock. Mental pain and suffering is basically any kind of negative emotion that an accident victim suffers as a result of having to endure the physical pain and trauma of the accident.
In the Vaccine Courts, the value of one’s pain and suffering is capped at $250,000.00. Therefore, the amount awarded for one’s pain and suffering is dependent upon the injury’s severity, duration and type of treatment, prognosis, and level of permanency.
A lost wages analysis includes analyzing how much time the injured individual lost from work for which he/she was not compensated by worker’s compensation or various disability plans. In order to legitimately make a claim for lost wages, it is imperative to evaluate the individuals tax returns to analyze if there was a loss of wages as a result of the alleged vaccine-injury. If the vaccine-injury will reasonably prevent the individual from earning similar wages in the future, then a claim for future lost wages can be made.
All medical expenses, not covered by health insurance, related to the vaccine-injury are reimbursable. This includes co-pays, hospital deductibles, prescription co-pays, hospital bills, etc. Having documentation of your receipts or Explanation of Benefits from your health insurance carrier is critical.
Future Medical Treatment:
In certain circumstances, an individual’s legal case will resolve before the injury has resolved. The individual will require future medical assistance in terms of surgery, additional treatments, or advanced medical or home care. In these situations, provided that they are supported by a medical or nursing expert, a claim for future medical treatment or accommodations can be claimed.
Licensed Vaccine Attorney
If you or a loved one has been injured by a vaccine, please contact our attorneys immediately for a free consultation at 215 462 3330 or by using our online contact form.