In 1986, Congress established the National Vaccine Injury Compensation Program (VCIP) to provide compensation to individuals who have suffered a serious injury from taking a vaccine. It is a no-fault system that serves as an alternative to a traditional personal injury claim.
A Unique Type of Claim
Vaccine injury claims are not like traditional personal injury claims. They must be filed in the United States Court of Federal Claims in Washington, D.C., and a special master will preside over your case. A Department of Justice attorney will defend the claim and you must be represented by an attorney who has been admitted to practice in the U.S. Court of Federal Claims. The special master will decide whether you will receive compensation for your claim and determine the amount of your reward.
Your legal fees and court costs will be paid for by the Vaccine Injury Compensation Program. Therefore, you will not be responsible for these fees, and they will not be deducted from the compensation you receive for your vaccine injury.
Vaccine Injury Claim Statutes of Limitations
There are important filing deadlines that must be met to be eligible to receive compensation in a vaccine injury claim:
- Your claim must be filed within three years of the date you noticed the first symptom of your vaccine injury.
- In the event of a vaccine-related wrongful death, you must file your claim within two years of the time of death and no later than four years after the first symptoms appeared.
Vaccines Covered by the VCIP
The following vaccines are covered by the VCIP:
- Diphtheria, pertussis, tetanus (DTaP, Tdap, DTP-Hib, DT, Td)
- Haemophilus influenzae type b (Hib)
- Hepatitis A (HAV)
- Hepatitis B (HBV)
- Trivalent influenza (TIV, LAIV)
- Measles-mumps-rubella (MMR, MR, M, R)
- Meningococcal (MCV4, MPSV4)
- Polio (OPV or IPV)
- Pneumococcal conjugate (PCV)
- Rotavirus (RV)
- Varicella (VZV)
- Papillomavirus (HPV)
Experienced Vaccine Injury Representation
Vaccine injury claims are highly complex and require the assistance of a skilled and experienced attorney. The South Carolina vaccine injury attorneys at McWhirter, Bellinger & Associates have handled many claims under the Vaccine Injury Compensation Program, and we have the experience to help you receive the compensation you deserve. We will make sure that all filing deadlines are met, and we will aggressively pursue your case to ensure your rights are protected in court.
Please contact our defective drug attorneys in SC today to schedule your free initial consultation. McWhirter, Bellinger & Associates, P.A., serves clients in Camden, Sumter, Lexington, Newberry, Orangeburg, and Columbia, South Carolina.