Some vaccine manufacturers have put profit ahead of safety. As a result, children have suffered anaphylaxis or anaphylactic shock, encephalitis, chronic arthritis, measles, polio, and so forth. Some children have even died. In response, the National Childhood Vaccine Injury Act was passed around 1986.
A vaccine injury claim under the Act must be filed with the U.S. Court of Federal Claims in Washington, DC. A claim under the Act precludes a claim in a local court. There are fairly short deadlines for filing the claim so it should be filed as quickly as you suspect an injury is caused by a vaccine. Once filed, the claim is broken down into two phases: "entitlement" and "damages". The U.S. Department of Justice files an objection to the claim.
Overall a vaccine claim takes longer than a typical tort claim. First, a special master (rather than a judge) decides if the vaccine was more likely than not the cause of the injury. If not, the special master’s decision can be appealed. If so, the claim moves forward for a damages determination. As with causation, damage claims may need to be supported with expert witnesses. A monetary award may be given for past medical bills, future medical bills, lost wages, lost future wages, non-wage economic loss.
The average injury damage award hovers around $1 million. Monetary awards for death cases are limited to $250,000. Attorney fees may not be based on a contingency percentage. Rather, the attorney must submit a separate petition for hourly fees and expenses to the special master.
If your child or someone you know has been injured by a vaccine, contact a reputable attorney as soon as possible. Your time to file a claim is limited.
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