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Vaccine Injury Claims Lawyer

A vaccine injury lawyer helps navigate the VICP process, handling complex medical and legal requirements to pursue compensation without upfront costs to the injured individual.

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A vaccine injury shouldn’t leave you guessing about your financial future or your next steps. At mctlaw, we provide a clear path forward by representing you in a claim within the Vaccine Injury Compensation Program (VICP).

Our team takes over the logistical and legal burdens of your case, from gathering evidence to negotiating for the maximum compensation available. Having represented thousands of individuals across the country, mctlaw ensures your claim is built on experience and at zero cost to you. You handle your medical recovery; we handle the litigation.

Why Hire mctlaw’s Vaccine Injury Claims Attorneys?

Vaccine injuries may be rare, but their impact is often life-altering. If you or a loved one has suffered a severe adverse reaction, our vaccine injury law firm can help you secure compensation. Our attorneys manage every technical detail of your claim, drawing on more than 25 years of experience in this highly specialized area of law.

At mctlaw, we understand that upfront legal fees should not be a hindrance to achieving justice. This is why we absorb all upfront costs associated with your litigation, including filing fees, the collection of medical records, and the retention of medical experts. By handling these logistical and financial burdens from start to finish, we hope to see you focus entirely on your recovery while we build your vaccine injury compensation claim.

What Does a Vaccine Injury Lawyer Do?

At mctlaw, our vaccine injury lawyers provide the specialized legal help you need to file a vaccine injury claim through the VICP. Unlike typical personal injury litigation, these claims are filed in the United States Court of Federal Claims and follow a distinct legal process with rigorous deadlines and specific evidentiary requirements. Our team manages every technical aspect of this system so your case meets the court’s strict standards.

Because these cases involve technical medical and legal issues, including expert testimony and regulatory standards, you would want an experienced vaccine claims attorney by your side to handle all the complexities. Your attorney will assess whether the vaccine you received and the symptoms you’re experiencing align with the injuries covered under the program. They gather and organize medical records, review immunization history, and prepare and file the petition on your behalf. Under the VICP, attorney fees are paid on your behalf by the program, so you do not pay out of pocket for representation.

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Would My Case Be Filed in the Vaccine Injury Compensation Program VICP?

Vaccine injury claims must be filed in the VICP or “vaccine court”. This federal program was created by Congress in 1986 after a series of lawsuits against vaccine manufacturers threatened to create vaccine shortages. Instead of filing a traditional lawsuit against the manufacturer, eligible claims are submitted to the Vaccine Court. If your case is successful, then the federal trust fund will provide you with compensation for suffering from adverse reactions to vaccinations. The VICP ensures compliance with deadlines, so it is important to talk to an attorney early if you suspect you have a case.

What Vaccines are Covered By the VICP?

Not every vaccine is covered by the Vaccine Injury Compensation Program. The program applies only to certain vaccines that are routinely recommended for children or pregnant women and are listed on the official Vaccine Injury Table. Covered vaccines include:

What Vaccines Are NOT Covered By the VICP?

The VICP does not cover every vaccine. If your injury is a result of one of the vaccinations listed below, you are ineligible for the Vaccine Injury Compensation Program. This list is not complete; however, these are the most common immunizations given outside of the VICP.

  • Covid-19 Vaccine
  • Pneumococcal polysaccharide vaccines meant for older adults – PPSV23
  • RSV or respiratory syncytial virus
  • Shingles (Herpes Zoster) Vaccine
  • Rabies
  • Anthrax
  • Smallpox
  • Yellow Fever
  • Tuberculosis (TB)
  • Typhoid Fever

See How Much We’ve Won for Our Vaccine Injury Clients

See a listing of mctlaw’s client awards. The entire dollar amount shown goes directly to our clients because our legal fees are paid separately by the Federal Court.

Vaccine Injury Client Awards

How Does the Vaccine Injury Claim Process Work?

In a VICP case, the Department of Health and Human Services acts as the respondent and is represented by attorneys from the Department of Justice. After your vaccine injury attorney files your petition, HHS reviews the medical evidence and determines whether the vaccine caused the injury.

Your legal team begins building your case by gathering complete medical records related to your vaccination and subsequent injury. These records are filed with the court and form the foundation of your claim. We may also work with qualified medical experts to analyze causation and prepare testimony.

Most vaccine injury cases are settled out of court between representatives of HHS, DOJ, and your attorney. In rare situations, if HHS does not agree that a vaccine caused your injury, the case proceeds to a hearing before a Special Master. This is where treating physicians or medical experts will provide testimony supporting the connection between the vaccine and the injury. HHS will typically present its own medical expert to argue that the vaccine did not cause the harm. The Special Master then decides whether the vaccine caused the injury. If the ruling is in your favor, the next phase focuses on compensation. The vaccine injury compensation process was designed to be quicker than civil litigation. Unfortunately, that is no longer the case, and despite our best efforts, vaccine injury claims can take several years to resolve.

Having Trouble Deciding Who Will Represent You in Your Vaccine Case?

We make it easy with our simple guide to choosing the right lawyer for your vaccine case.

Read Guide to Choose the Right Attorney

How Much Money Will I Get From a Vaccine Injury Settlement?

Compensation for vaccine injuries includes monetary damages for pain and suffering, past and future medical expenses, and past and future lost wages. Compensation paid out for pain and suffering is limited to a maximum of $250,000. There is no limit on compensation for medical expenses and lost earnings. In addition, you do not pay any legal fees, ever. Your attorney’s fees and costs are entirely paid by the VICP.

Vaccine Injury Claims Lawyer: FAQs

How is a Claim Filed In the Vaccine Injury Compensation Program?

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Your claim starts by filing a petition with the Court of Federal Claims in Washington, D.C. Once the petition is filed, a Special Master is assigned to the case. A Special Master is a type of judge who handles only vaccine injury claims. The Special Master decides the outcome of the case instead of a jury.

Why is the COVID-19 Vaccine NOT Covered By the Vaccine Injury Compensation Program?

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The COVID-19 Vaccine is covered by a different program called the Countermeasures Injury Compensation Program.

What Can I Do If I Have a Severe Reaction To a Vaccine, Like a Flu Shot Injury?

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You may be eligible to file a vaccine injury claim in the Vaccine Injury Compensation Program. Contact our legal team to find out if you qualify.

Do I Need to Be a US Citizen to File a Vaccine Injury Claim in the VICP?

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No, you do not need to be a citizen of the United States to file a claim. Typically, you should have been administered the vaccine in the United States or one of its territories to bring a vaccine injury claim.

However, there are instances where some people who receive vaccines outside of the U.S. may be eligible for compensation. To be covered by the program when overseas, the injured person must be a U.S. citizen serving in the military or a U.S. government employee or a dependent of such a citizen; or the injured person must have received a vaccine manufactured by a vaccine company located in the U.S. and returned to the U.S. within 6 months after the date of vaccination.

Should I Hire a Personal Injury Lawyer For a Vaccine Injury Case?

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It is important to know that representation in the VICP is not the same as a typical personal injury claim; it requires a specific bar admission to practice in the U.S. Court of Federal Claims. We believe that choosing a firm with this dedicated focus ensures your case is handled by attorneys who understand the program’s unique evidentiary standards and procedural rules.

Have More Questions? Speak to a Vaccine Injury Claims Lawyer at mctlaw

For more than 25 years, mctlaw has represented thousands of individuals and families affected by severe vaccine reactions, securing hundreds of millions of dollars in compensation through the VICP. Our team has helped more clients obtain compensation in the past five years than any other law firm in the United States, and our attorneys achieved the largest single financial award in the history of the vaccine program.

We represent clients nationwide, handling vaccine injury claims in all 50 states and U.S. territories. With decades of focused experience inside the VICP, we understand how to manage every detail of the program’s requirements, so your case is handled with the diligence it deserves. Contact our team today to learn if you are eligible to file a vaccine injury claim.

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Content Reviewed by Anne Carrión Toale – Vaccine Injury Lawyer
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Anne Carrión Toale, Esq. is a vaccine injury attorney at mctlaw. Anne helps vaccine injury clients get compensation from the National Vaccine Injury Compensation Program (NVICP) before the Vaccine Court in the United States Court of Federal Claims. Ms. Toale has served as past president of the Vaccine Injured Petitioners Bar Association, where she provided education and assistance to other attorneys throughout the United States practicing in the area of vaccine injury compensation.

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