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WHAT IS THE NATIONAL VACCINE INJURY COMPENSATION PROGRAM (VICP) AND WHY WAS IT ESTABLISHED?
For many years, children have been required to participate in national vaccination programs. Vaccinations from diphtheria, tetanus, pertussis, measles, mumps, rubella, and polio are generally required to obtain social services, such as attending public schools and maintaining health insurance. While beneficial to the vast majority, these vaccinations are extremely harmful or even fatal to some children.
As a result, lawsuits were brought against pharmaceutical companies on behalf of those injured or killed as a result of a vaccine. Juries had a difficult time resolving these cases as they balanced the main issue: Vaccines protect millions of children while injuring only a few. The disparity in jury verdicts reflected the moral dilemma: Do we sacrifice the health of a few innocent children to protect millions of others? From a certain moral standpoint, the answer appears to be in the affirmative. While unsettling, this is a conclusion we can be confident in. That is, until the innocent child is our own.
In an attempt to reconcile this issue, on October 1, 1988, the federal government enacted Subtitle 2 of Title XXI of the Public Health Service Act, the National Vaccine Injury Compensation Program. The program is a "no-fault" system designed to compensate those individuals, or their families, who have been injured by vaccines without penalizing the manufacturers where they are without fault.
WHERE ARE THESE CLAIMS LITIGATED?
Claims under the Program must be initially brought in the United States Court of Federal Claims, based in Washington, D.C. State-Court lawsuits -- usually based on products liability -- may be maintained only after rejecting the outcome in the Court of Federal Claims.
CAN ANY ATTORNEY HANDLE CLAIMS UNDER VICP?
No. Only attorneys who are admitted to the United States Court of Federal Claims can handle claims under the Program. In addition, these claims are very complex and require a certain level of experience and expertise in the area of vaccination injuries.
ARE THESE CLAIMS LIMITED TO CHILDREN?
No. A claim under the Program may be made by any individual, child or adult, for any injury caused by a vaccine, including injuries suffered as a result of a common flu-shot.
WHAT VACCINES ARE COVERED?
The Program currently covers the following:
- Vaccines containing tetanus toxoid (e.g., DTaP,
DTP, DT; Td, or TT);
- Vaccines containing whole-cell pertussis bacteria,
extracted or partial cell pertussis bacteria, or
specific pertussis antigen(s) (e.g., DTaP, DTP, P,
DTP-HiB);
- Measles, mumps, and rubella vaccines or any of its
components (e.g., MMR, MR, M, R);
- Vaccines containing rubella virus (e.g., MMR, MR,
R);
- Vaccines containing measles virus (e.g., MMR, MR,
M);
- Vaccines containing polio live virus (OPV);
- Vaccines containing polio inactivated virus (e.g.,
IPV);
- Hepatitis B vaccines;
- Hemophilus influenzae type b polysaccharide
vaccines (unconjugated, PRP vaccines);
- Hemophilus influenzae type b polysaccharide
conjugate vaccines;
- Varicella vaccine;
- Rotavirus vaccine; and
- Any new vaccine recommended by the Centers for Disease Control and Prevention for routine administration to children, after publication by Secretary, HHS of a notice of coverage, including pneumococcal conjugate vaccines.
Once entitlement to an award is established, the amount of the award will vary considerably, depending upon the facts of each case. Awards have ranged from $120.00 to $7.9 Million, with an average award of over $820,000, which actually can provide several millions of dollars in benefits when used to purchase an annuity with payments over the lifetime of a victim. In addition, attorney's fees are paid by the government, separate from any award, through the Program.