Area of Practice: Vaccine Litigation

In 1988, the United States Congress established the National Childhood Vaccine Injury Act of 1986 (the “Act”), creating a national program to compensate victims of vaccine related injuries or death.  The program, known as the National Vaccine Injury Compensation Program (VICP), was established to protect vaccine manufacturers from lawsuits and to compensate individuals who suffer from vaccine related injuries.  The VICP is a “no-fault” alternative to the traditional medical malpractice and tort systems for resolving vaccine injury claims, and is designed to provide an efficient and fair process for evaluation of vaccine injury claims.  All vaccine claims under the VICP are heard by the United States Court of Federal Claims.  The VICP is administered jointly by the U.S. Department of Health and Human Services, the U.S. Court of Federal Claims, and the U.S. Department of Justice.

The Law Offices of Ravinder S. Bhalla represents individuals filing Petitions with the U.S. Court of Federal Claims seeking compensation for vaccine related injuries.  The process of obtaining compensation under the VICP begins with the filing of a claim, known as a Petition, with the U. S. Court of Federal Claims.  Each claim is assigned to a Special Master, similar to a judge, for handling.  A claim may be made for any injury or death thought to be the result of a covered vaccine.  A claim may be filed by the individual injured, or his/her parent or legal guardian.  There must be a reasonable basis for bringing a claim, which is determined by a number of factors, such as the nature of the injury, the particular vaccine administered, and the time between the administration of the vaccine and the onset of certain symptoms consistent with an alleged injury.

After a petition is filed, the Department of Health and Human Services (HHS) reviews the petition to determine whether it meets certain criteria for compensation and issues a report on whether compensation should be granted.  Typically, a petitioners claims will be supported by evidence to support the claim, such as medical records, affidavits of petitioners, treating physicians, or other individuals with pertinent information, and an expert medical report from a physician.  If the petitioner cannot resolve the claim with the HHS as to whether compensation is appropriate and in what amount, the Special Master may order a hearing at which testimony may be taken from the petitioner or his/her parents or guardians, medical experts, and others.  The decision of a Special Master may be appealed to the Court of Federal Claims, then to the Federal Circuit Court of Appeals, and then to the United States Supreme Court.

The Law Offices of Ravinder S. Bhalla does not charge clients any attorneys’ fees or other costs for representation in vaccine litigation, as the Act provides for payment of reasonable attorneys’ fees and costs, regardless of the outcome of a claim, so long as the petition was brought in good faith and there is a reasonable basis for the claim.

The amount of compensation for vaccine related injuries varies.  Compensation covers past and future unreimbursable medical, custodial care, and rehabilitation costs.  There is a $250,000 cap for actual or projected pain and suffering and emotion distress here an injury is involved, and a $250,000 cap on compensation to the estate of the deceased where a death occurred.  Additionally, compensation is awarded for lost earnings, and reasonable attorneys’ fees and costs.

The types of vaccines covered by the VICP are:

• Diphtheria, pertussis, tetanus (DTP, DtaP, Tdap, DT, Td, or TT)
• Haemophilis influenzae type b (Hib)
• Hepatitis A (HAV)
• Hepatitis B (HBV)
• Trivalent influenza (TIV, LAIV)(given each year during flu season)
• Measles-mumps-rubella (MMR, MR. M, R)
• Meningoccal (conjugate & polysaccharide)(MCV4, MPSV4)(meningitis)
• Polio (IPV, OPV)
• Pneumococcal conjugate( PCV) (Streptococcus pneumoniae bacteria, cause bacterial meningitis, deaths, ear infections in children)
• Rotovirus (RV)
• varicella (VZV)(chickenpox)
• Papillomavirus (HPV)(STD, cervical cancer)
• any combination of above vaccines

If you, a relative or a family friend may have been injured by a vaccine, call the Law Offices of Ravinder S. Bhalla for a free consultation.