Frequently Asked Questions
1) Do I have to pay for attorney fees?
2) Are there any costs for which I might be responsible?
3) What is the last date in which I can file a claim ?
4) Do you sue the manufacturer of the vaccine or the treating doctor.
5) Under what circumstances may a vaccine administrator or vaccine company be sued?
6) What kind of damages can I recover?
7) What does it take to file a claim?
8) How long does the process takes?
9) What vaccines are covered ?
10) What adverse reactions might be compensated?
11) Are adults covered ?
12) Do I get a jury trial ?
13) If I don't settle and a trial occurs, where will the trial be ? Do I have to travel to Washington DC?
14) Must I live in California to be represented by your firm?
15) I've been told that I can represent myself in this court. Do I really need an attorney ?
16) Is the swine flu vaccine H1N1 covered by this forum?
Answers to FAQs
1) Under the Vaccine Act, reasonable attorney fees are paid by the Secretary of Health and Human Services
as long as the case is brought in good faith.
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2) Yes, the filing fee for the Vaccine Petition is $350.00. Also, you may need to retain an expert. Those costs will depend on the expert and is something we can discuss further. But, most of these out of pocket litigation fees are recoverable at the end of the case through the Program. So, you may be out of pocket at first, but, generally you will get all or most of it back.
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3) In most cases, you MUST file a claim within 36 months after your FIRST SYMPTOMS.
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4) This firm does not. It only files claims with the Federal Court of Claims.
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5) If the petition has been judged non-compensable or dismissed under the National Vaccine Injury Compensation Program (VICP); or if the award granted by the VICP is otherwise rejected by the petitioner; or
if the vaccine is not covered under the VICP.
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6) Lost wages, pain, suffering and emotional distress up to $250,000.00, unreimbursed out of pocket expenses relating to the vaccine injury, future medical needs that are not covered and paid by other benefits such as insurance, social security, Medicare etc.
In cases where a death occurs, generally, the estate is limited to $250,000
and attorney fees and costs.
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7) Generally, a Petition, declaration from the party adversely effected or other persons with knowledge, 6 years of medical records prior to the vaccine and all vaccine related medical records and
many times an expert report.
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8) That depends on the type of case and damages. Some cases can settle within a year. Some cases can last for several years due to complex issues.
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9) The following vaccines are covered:
- Diphtheria, pertussis, tetanus (DTP, DtaP, Tdap, DT, Td, or TT)
- Haemophilis influenzae type b (Hib)
- Hepatitis A (HAV)
- Hepatitis B (HBV)
- Trivalent influenza (TIV, LAIV) (given each year during flu season)
- Measles-mumps-rubella (MMR, MR. M, R)
- Meningoccal (conjugate & polysaccharide) (MCV4, MPSV4)(meningitis)
- Polio (IPV, OPV)
- Pneumococcal conjugate ( PCV) (Streptococcus pneumonia bacteria, cause bacterial meningitis, deaths, ear infections in children)
- Rotovirus (RV)
- Varicella (VZV) (chickenpox)
- Papillomavirus (HPV) (STD, cervical cancer)
- Any combination of above vaccines Top
10) Compensated, although rare, adverse reactions to these vaccines include death, allergic reactions, anaphylaxis, encephalopathy, encephalitis, brachial neuritis, seizures, acute disseminated encephalomyelitis (ADEM), arthritis, thrombocytopenic purpura, intussusception, multiple sclerosis (MS), Guillain-Barré Syndrome (GBS), transverse myelitis (TM), chronic inflammatory demyelinating polyneuropathy (CIDP), opsoclonus-myoclonus syndrome, reflexive sympathetic disorder, complex regional pain syndrome, autoimmune hepatitis, Tourette's syndrome, trigeminal neuralgia, lupus, connective tissue disorders, Wegener's granulomatosis, polyarteritis nodosa (PAN), Kawasaki disease, and others. Top
11) Absolutely. If an adult receives any of the vaccines listed on the Vaccine table, they are just as entitled to compensation as a child would be. Top
12) No. The trial will be held by a Special Master of the United States Court of Federal Claims. That Special Master will determine the facts generally based upon fact testimony, medical records, expert testimony and medical literature. Top
13) No, you do not have to travel to Washington DC. Most of the time the trial will be in your home town or as close to it as possible. Top
14) No, you can live anywhere in the United States and we can still represent you. Most communication is done over the internet, telephone and mail. Generally, only when we prepare you for trial will we meet. 50% of the time such preparation can be done by telephone as well. Top
15) Yes, yes and yes. Do not attempt to represent yourself in the Program if there is any way that you can get a lawyer. The Program was designed to be non-adversarial and non-litigious, but the reality is that it is often a very complicated, adversarial and legal process. You need an attorney who knows how to litigate vaccine cases. Top
16) Not at this time. A separate forum is established for H1N1. It is the Countermeasures Injury Compensation Program. You must be aware of the much shorter time period in which you must file a claim in this separate program - 1 year from the time of the vaccine. However, if you also received the trivalent influenza vaccine within weeks of the swine flu vaccine, we should discuss the facts and which forum is appropriate for you. Top
