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Personal Injury | Medical Malpractice Lawyers
Pennsylvania and New Jersey

Vaccination Injury Compensation Lawyer

We understand how the system works and can fight for you

While thankfully not frequent, vaccines can cause serious, permanent injury and even death.  If you or a loved one has suffered harm from a vaccine, it is important that you hire a vaccine injury lawyer.  Why?  Because vaccine injury claims are often complicated legal cases. That’s why it’s critical that you have an experienced attorney on your side who understands how vaccine injury claims work. That way, you can take strong legal action if you or a loved one suffered from an adverse medical reaction or illness due to being vaccinated.

Our vaccine injury attorneys at Villari, Brandes & Giannone, P.C. can help you every step of the way. We’re familiar with the severe reactions sometimes caused by vaccines. We understand the legal system created to help people harmed by vaccines. We’re prepared to do the work that needs to be done to build the strongest possible legal case on your behalf.

You’ll notice the difference the first time you meet with an attorney at our law firm. We won’t tell you what to do. We’ll listen. We’ll find out exactly what happened. We’ll then explain all the options available to you and your family. That way, you can decide which approach makes the most sense for you. Your best interests come first at Villari, Brandes & Giannone, P.C.

What is your vaccine injury question?

Below, you will find the answers to some of the most frequently asked questions people have about vaccine injuries. We also encourage you to contact our law firm as soon as possible to discuss the details of your specific case.

Every vaccine injury is different – and so is our approach. We never take a one-size-fits-all strategy for complex cases. We take the time to carefully craft a strategy that suits your specific legal needs. That’s the key to our success – our hands-on and personalized approach.

Don’t settle for less. Demand justice. Contact our law firm. We’ll fight for you.

The stakes are high when it comes to vaccine injury claims. In some cases, you may need to take on doctors, hospitals, pharmaceutical companies or other large health care institutions. Don’t try to tackle such a tough case on your own. Get a law firm that gets results. Contact Villari, Brandes & Giannone, P.C. and schedule your free case evaluation. Our vaccine injury attorneys can fight for your rights and demand the compensation you rightfully deserve. Our law firm is licensed to handle most vaccine injury claims nationwide.

What are common vaccine injuries?

Injuries caused by vaccines can cover a wide range. Some of the most common injuries or illnesses associated with vaccines include:

  • Anaphylaxis (severe allergic reaction)
  • Vaccine-strain virus
  • Vasovagal syncope (Loss of consciousness due to reaction caused by a vaccine, resulting in a sudden decrease in heart rate and blood pressure)
  • Shoulder injury related to vaccine administration (SIRVA), which can encompass:
  • Adhesive capsulitis (Frozen shoulder)
  • Brachial neuritis (Type of nerve damage often associated with diminished function of certain body parts)
  • Rotator cuff injury (Damage to tendons and muscles around shoulder)
  • Shoulder bursitis (Inflammation of bursa sac in shoulder)
  • Guillain-Barr Syndrome (GBS), which is an autoimmune disorder often linked to tetanus vaccines and flu shots.
  • Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
  • Acute Inflammatory Demyelinating Polyneuropathy (AIDP)
  • Acute Motor Axonal Neuropathy (AMAN)
  • Acute Motor Sensory Axonal Neuropathy (AMSAN)
  • Acute Panautonomic Neuropathy
  • Bickerstaff’s Brainstem Encephalitis (BBE)
  • Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
  • Miller Fisher Syndrome (MFS)

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What is the National Vaccine Injury Compensation Program (VICP)?

Created in 1988 by the U.S. Department of Health and Human Services, the National Vaccine Injury Compensation Program (VICP) was established to financially compensate people for certain injuries associated with certain vaccines. Since the federally funded program was created, more than $4 billion has been awarded to people who successfully file VICP claims. Families may also file VICP claims in the event of the death of a loved one due to a fatal reaction to a vaccine.

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How does the Vaccine Injury Compensation Program (VICP) work?

Anyone who has sustained a serious injury or illness due to being vaccinated is eligible to file a VICP claim, provided the vaccine is among the list of vaccines covered by the VICP program and the claim is filed before the applicable deadline. The VICP is a no-fault system for resolving vaccine injury claims. As a result, it is not necessary for VICP claim applicants to prove who was at fault or that the vaccine caused the injury, provided the applicant’s vaccine is included on the approved VICP list and the applicant’s medical signs and symptoms meet the criteria specified in the VICP list.

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What vaccines are covered by the Vaccine Injury Compensation Program?

The National Vaccine Injury Compensation Program covers most vaccines administered in the United States. The current list of approved vaccines covered by the VICP program includes vaccines for the following medical conditions:

  • Diphtheria (e.g., DTP, DTaP, Tdap, DT, Td, TT)
  • Haemophilus influenza type b polysaccharide conjugate vaccines (e.g., Hib)
  • Hepatitis A (e.g., HAV)
  • Hepatitis B (e.g., HBV)
  • Human papillomavirus (e.g., HPV)
  • Measles (e.g., MMR)
  • Mumps (e.g., MMR, MR, M)
  • Meningococcal (e.g., MCV4, MPSV4, MenB-FHbp, MenB-4C)
  • Pertussis (e.g., DTP, DTaP, Tdap)
  • Pneumococcal conjugate (e.g., PCV)
  • Polio (e.g., OPV or IPV)
  • Rotavirus (e.g., RV)
  • Rubella (e.g., MMR, MR, R)
  • Seasonal influenza (e.g., Flu)
  • Tetanus (e.g., Td)
  • Varicella (e.g., VAR)

Non-Seasonal Flu Vaccines are not VICP-covered vaccines, according to the latest update on the VICP’s web site. To verify whether your vaccine-related injury or illness is on the list of VICP-approved vaccines, simply contact our law firm and schedule a free case evaluation.

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What damages and expenses are covered by the Vaccine Injury Compensation Program?

VICP claims cover a wide range of damages and expenses related to illnesses or injuries sustained due to an adverse reaction to a vaccine. These expenses often include:

  • Medical bills
  • Loss of income during recovery
  • Loss of future income due to a long-term or permanent health issue
  • Future medical care costs
  • Pain and suffering
  • Funeral expenses, if applicable
  • Death benefit for surviving family members, if applicable

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In which court are Vaccine Injury Compensation Program cases heard?

Since Vaccine Injury Compensation Program (VICP) claims are federally funded, all VICP claims are handled by the U.S. Court of Federal Claims. To submit a claim, a person – typically with the assistance of an attorney who understands VICP claims and procedure -- needs to file with the U.S. Court of Federal Claims a detailed petition with appropriate records and, where needed, reports from duly qualified medical experts.

A medical staff member from the U.S. Department of Health and Human Services then reviews the petition to determine if the application meets the VICP guidelines and makes a preliminary recommendation.

The U.S. Department of Justice then reviews the Health & Human Services recommendation and submits findings to the U.S. Court of Federal Claims.

A court-appointed special master then decides if the VICP claim application should be approved and how much money the applicant should receive.

If approved, the U.S. Department of Health and Human Services awards the approved compensation to the VICP claim applicant.

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Can I appeal my Vaccine Injury Compensation Program claim if it is denied?

Yes, you have the right to appeal your Vaccine Injury Compensation Program (VICP) claim if it is denied. If merited, you can also choose instead to take legal action and file a claim in civil court against the health provider who administered the vaccine and/or the pharmaceutical company that manufactured the vaccine.

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What are my legal options if my vaccine is not covered by the Vaccine Injury Compensation Program?

If your vaccine is not on the approved list of vaccines covered by the Vaccine Injury Compensation Program (VICP) program, we strongly urge you to contact our law firm if you or a loved one experienced an adverse reaction to a vaccine. We can evaluate your potential legal case, free of charge. We can then explain all the legal options available to you, which may include filing a vaccine injury lawsuit on your behalf.

In many cases, your best course of action may be to file a product liability claim against the company that manufactured the vaccine which caused your injury or illness.

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What is the Countermeasures Injury Compensation Program (CICP)?

The Countermeasures Injury Compensation Program (CICP) was created by the federal government to provide financial compensation to individuals (or their families) who experience a serious injury or illness as a result of medical treatment developed to combat an epidemic or pandemic. Countermeasures can include:

  • Vaccinations intended to combat a pandemic or epidemic
  • Medications intended to combat illnesses from a pandemic or epidemic
  • The use of medical devices intended to treat illnesses from a pandemic or epidemic

Families can also file a CICP claim in the event of a loved one’s death due to medical care received in response to countermeasures conducted in response to an epidemic or pandemic. CICP claims are more limited and often do not include compensation for pain and suffering or future medical care costs.

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Does the Countermeasures Injury Compensation Program (CICP) cover Coronavirus (COVID-19) related cases?

Yes, the Countermeasures Injury Compensation Program (CICP) covers severe injuries or illnesses sustained in response to countermeasures designed to treat (COVID-19), the disease caused by the coronavirus. Again, these countermeasures can include adverse health reactions to any of the following:

  • Vaccines administered to treat COVID-19
  • Medications given to treat COVID-19
  • Medical devices used to treat patients with COVID-19

Make sure you take your medical case seriously right from the start. Make sure you contact our law firm to learn more about the legal options available to you under the CICP and other legal avenues.

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What is the deadline or statute of limitation for filing a Vaccine Injury Compensation Program claim?

For an injury, your claim must be filed within 3 years after the first symptom of the vaccine injury.

For a death, the claim must be filed within 2 years of the death and 4 years after the start of first symptom of the vaccine-related injury from which the death occurred.

Two or three years might seem like a long time, but the sooner you take legal action in most cases, the better.

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Is there a tolling provision for minors when filing a Vaccine Injury Compensation Program claim?

Tolling is a legal term used to describe a delay in the running of the statute of limitation applicable to a claim.  In certain circumstances, the statute of limitations for some legal cases involving children does not start to run until the child turns 18 years old.

However, in the case of Vaccine Injury Compensation Program (VICP) claims, there is no tolling provision. As a result, the deadline for minors under the age of 18 is the same as the deadline for adults:

For an injury, your claim must be filed within 3 years after the first symptom of the vaccine injury.

For a death, the claim must be filed within 2 years of the death and 4 years after the start of first symptom of the vaccine-related injury from which the death occurred.

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What is the deadline for applying for a Countermeasures Injury Compensation Program claim?

The deadline for submitting a Countermeasures Injury Compensation Program (CICP) claim is often only one year from the date that an individual experiences an adverse health reaction to a countermeasure (vaccine, medication, etc.) administered to treat a medical condition related to a pandemic or epidemic.

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Can I file a vaccine injury lawsuit?

Every vaccine injury case is unique. As a result, so are your legal options. In some cases, you may be able to file a vaccine injury lawsuit. However, you may not be able to do so initially without pursuing other legal avenues for financial compensation. That’s why it’s important to speak with an experienced vaccine injury attorney as soon as possible about your potential legal case.

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How much is my vaccine injury claim worth?

There’s no set dollar amount when it comes to vaccine injury claims, especially if you file a lawsuit and obtain a financial verdict in your favor. Some cases may be worth thousands of dollars. Others may be worth millions.

In terms of Vaccine Injury Compensation Program (VICP) claims, the federal government has a $250,000 limit or cap for pain and suffering damages, but there is no limit for VICP claims for many other expenses or damages, including:

  • Future medical care
  • Future lost earnings
  • Other future economic losses

That’s why it’s critical that you consult with a vaccine injury attorney who understands how the legal system works and who can pursue the maximum financial compensation you rightfully deserve.

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Who pays for legal fees for a Vaccine Injury Compensation Program claim?

Legal fees for successful Vaccine Injury Compensation Program (VICP) claims are sometimes paid separately by the federal government and, in that case, do not come out of your claim. If your claim is not successful, your legal fees may also be covered by the federal government provided your claim meets certain minimal requirements.  If you retain or hire our law firm to represent you and file a claim for you, but you do not recover any money in your claim, you will not owe our law firm any money.

You have nothing to lose and everything to gain. Learn more about your legal options. Schedule a free case evaluation with an experienced vaccine injury attorney at our law firm. Contact us today. We handle cases nationwide.

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