Vaccine Injury Payouts in the NVICP
Reviewed by Jessica Olins, Vaccine Injury Lawyer
The Vaccine Injury Compensation Program (NVICP)
The Vaccine Injury Compensation Program, or the VICP, provides no-fault compensation to people who suffered severe vaccine reactions.
Most people who get vaccinated never have serious side effects, but it does happen to a small percentage of the population. For this reason, the Department of Health and Human Services created the VICP.
Since 1988, the vaccine court has awarded compensation to almost 10,000 people, totaling more than $5.2 billion dollars.
IMPORTANT: The information below does NOT apply to injuries from COVID-19 vaccinations.
The $4-Billion Dollar VICP Trust Fund
The Vaccine Injury Compensation Trust Fund is the pot of money that makes payouts to people with vaccine injuries. The money in this fund comes from a $.75 cent excise tax on every vaccine administered.
There is more than $4 billion dollars in the trust fund.
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Facts About the Vaccine Injury Compensation Program
It’s a good idea to have an experienced vaccine injury attorney represent you in a claim with the Vaccine Injury Compensation Program. Fortunately, petitioners to the VICP do NOT have to pay ANY legal fees because the Federal court pays the attorney fees directly.
- According to the U.S. Health Resources and Services Administration (HRSA), for every one million vaccines that are administered in the U.S., there is only ONE VICP payout.
- Since the VICP was established in 1988, over 22,000 petitions have been filed.
- Between 2006 and 2021 only 7,483 people were granted payouts.
Because there are such strict regulations to qualify for VICP compensation, having attorneys with extensive vaccine court experience is key to your case.
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mctlaw Attorneys Working in the VICP
Our attorneys have recovered more than $300 million dollars for vaccine-injured individuals and their families.
mctlaw has more than one thousand successful VICP claims for clients across the United States.
Our firm never takes any portion of our client’s settlement: our clients keep 100% of their settlements because our legal fees are paid directly by the vaccine court.
mctlaw obtained the highest single compensation award in vaccine court history on behalf of one of our clients.
mctlaw won a $101 million dollar Vaccine Injury Compensation Program payout for an infant who suffered a severe reaction to the MMR vaccine.
In 2011, mctlaw recovered a $61 million dollar vaccine injury payout. We represented a child who, at two months old, developed a combination of conditions (cognitive delays, cerebral palsy, encephalopathy, and seizure disorder) after receiving a routine DTaP injection. As per the settlement, the $61 million dollars are to be paid out over the course of the petitioner’s lifetime.
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How Vaccine Injury Payouts are Made
Vaccine injury payouts can happen two different ways.
- Direct compensation from the VICP
- In order to receive compensation from the court, the petitioner must prove that there is a relationship between the vaccine and the injury. In other words, they must show that the vaccine was the logical cause of the injury. This requires the petitioner’s attorneys to present evidence such as:
- Medical theories – ex. peer-reviewed scientific studies showing a connection between vaccine and injury
- A plausible series of events showing a cause-and-effect relationship between vaccine and injury
- A timeline that clearly connects the injury to the vaccine
- In order to receive compensation from the court, the petitioner must prove that there is a relationship between the vaccine and the injury. In other words, they must show that the vaccine was the logical cause of the injury. This requires the petitioner’s attorneys to present evidence such as:
- Out-of-Court Settlement
- According to the Health Resource Services Administration (HRSA), about “60 percent of all compensation awarded by the VICP comes as a result of a negotiated settlement.” These settlements usually reduce the time and cost of these claims.
- These settlements occur when the Department of Health and Human Services concludes that the vaccine caused the injury, which ends the need for the claim to go to court.
Content Reviewed by Jessica Olins – Vaccine Injury Lawyer
Jessica A. Olins’ practice at mctlaw, focuses on representing clients in the National Vaccine Injury Compensation Program. Ms. Olins graduated with a Bachelor’s degree from Redlands University and graduated from American University Washington College of Law. While at Redlands University, Ms. Olins excelled in leading and training her colleagues through new developments in spatial mapping, involving geographic information system software and geodatabase management applications. Her law practice also involves engaging in subpoena enforcement in federal district courts nationwide. Ms. Olins is a member of the Vaccine Injury Practitioners Bar Committee, assisting in the preparation and organization of the VIP Bar Conferences. Ms. Olins is a member of the American Association for Justice and its New Lawyers Division. Additionally, Ms. Olins is a member of the Young Lawyers Division of the United States Court of Federal Claims.
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References
- https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/vaccine-injury-infographic-2017.pdf
- https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/data/monthly-stats-february-2019.pdf
- https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/faq/vicp-fact-sheet.pdf
- https://www.hrsa.gov/sites/default/files/hrsa/vicp/vicp-stats.pdf
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