If you or someone you love has been diagnosed with a vaccine-related illness or injury, it will be important to learn about your legal rights under the National Vaccine Injury Compensation Program (VICP). The VICP pays financial compensation to eligible vaccine recipients and their family members—and it covers most (but not all) CDC-recommended vaccines.
Attorney Leah Durant represents dozens of clients in VICP claims annually. She also publishes numerous articles on topics related to vaccine injuries and VICP claims each year. Here is a look back at some of the key insights she shared in 2023:
Understanding the Causes of Vaccine-Related Injuries and Illnesses
The causes of vaccine-related injuries and illnesses broadly fall into two categories. Vaccine recipients can experience unexpected consequences due to adverse reactions to vaccine ingredients, or they can suffer injuries due to errors during vaccine administration.
While the CDC’s recommended vaccines are generally considered safe for most people, there are some people who should not get vaccinated. Unfortunately, in many cases individuals won’t know that they are at risk for complications until it is too late. Similarly, while there are well-documented procedures for appropriately administering vaccines, healthcare providers make mistakes; and, here too, there is often little that vaccine recipients can do to protect themselves. This is especially true when vaccine recipients don’t know how to identify issues during the vaccine administration process.
With this in mind, it is a good idea for vaccine recipients and parents to familiarize themselves with the proper vaccine administration procedures. If you have concerns about what a healthcare provider is doing, you should not hesitate to speak up. Additionally, if you or a loved one experiences symptoms after an immunization, you should seek medical treatment promptly. To learn more, you can read:
- What is the Correct Process for Administering a Vaccine?
- How Do You Prove a Vaccination Error?
- How Is a Flu Vaccine Injury Diagnosed?
Understanding the National Vaccine Injury Compensation Program (VICP)
While understanding the cause of a vaccine-related medical condition can be important for ensuring proper treatment, it often isn’t necessary when filing a claim under the National Vaccine Injury Compensation Program. Under the VICP, vaccine recipients and families can file claims without proof of causation in most cases. As a result, regardless of whether you think your (or your loved one’s) healthcare provider made a mistake—or if you aren’t sure—you should not hesitate to speak with an attorney about filing a claim.
Although the VICP and the Vaccine Adverse Event Reporting System (VAERS) are both federal programs that are designed to address vaccine-related risk
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