Free Case Evaluation
Kentucky Vaccine Injury Lawyers
Talk to our Lexington & Louisville attorneys today if you were harmed by a vaccine
If you suffered a vaccine-related injury, the federal government offers a streamlined venue that provides a less adversarial, faster and more cost-effective program to help injured people recover compensation after an injury from standard childhood vaccines. The National Vaccine Injury Compensation Program (VICP) has billions of dollars on hand with which to compensate those who sustain vaccine-related injuries.
Steve Crandall is a nationally recognized trial attorney with a reputation for getting results for his clients. Steve is admitted to practice in the U.S. Court of Federal Claims, and represents clients with Federal Claims cases before the Vaccine Court. He represents clients from Kentucky and throughout the United States who have been injured because of vaccines.
Free Case Evaluation
What is the National Childhood Vaccine Injury Act (NCVIA) of 1986?
The NCVIA was passed to help reduce liability for drug manufacturers who created vaccines and in response to public health concerns regarding injuries that people were suffering after receiving certain vaccines. The U.S. Center for Disease Control and Prevention (CDC) reports on the following ways in which the NCVIA has been influential in public health:
The establishment of the National Vaccine Program Office coordinates immunization-related activities among federal health agencies, including:
- The U.S. Center for Disease Control and Prevention (CDC)
- Food & Drug Administration (FDA)
- National Institutes of Health (NIH)
- Health Resources and Services Administration (HRSA)
The NVCIA requires healthcare providers to:
- Provide a vaccine information statement (VIS), which contains a brief description of the disease and the risks and benefits of the vaccine. The CDC develops VISs and distributes them to health departments and individual healthcare
- Report certain adverse events following vaccination to the Vaccine Adverse Event Reporting System (VAERS).
The NCVIA has also created the National Vaccine Injury Compensation Program (VCIP), which compensates victims who suffered injuries because of vaccines on a ‘no-fault” basis. It also established a committee from the Institute of Medicine (IOM) to review the literature on vaccine reactions.
Which vaccines are included in the National Vaccine Injury Compensation program?
The vaccines which are “routinely given in the U.S.” are covered under the VICP:
- Diphtheria
- Haemophilus influenza type b polysaccharide conjugate vaccines
- Hepatitis A
- Hepatitis B
- Human papillomavirus
- Seasonal influenza
- Measles
- Mumps
- Meningococcal
- Pertussis
- Pneumococcal conjugate
- Polio
- Rotavirus
- Rubella
- Tetanus
- Varicella
Is your injury listed on the vaccine injury table?
The Health Resources and Services Administration (HRSA) maintains a Vaccine Injury Table, which is updated each year to contain the vaccines, injuries, disabilities, illnesses, conditions and deaths resulting from the administration of vaccines covered by the Vaccine Injury Compensation Program. If your injury or your child’s injury is not listed on the vaccine injury table, you may still be able to recover compensation. You will require the services of a Kentucky personal injury attorney with experience representing clients who suffered an injury because of a vaccine.
Why was the VICP program created?
The National Vaccine Injury Compensation Program was created as an alternative to the traditional approach to providing a venue for recovering compensation to people injured from vaccines, such as product liability or medical malpractice litigation. The VICP program was also created to encourage childhood vaccination. Providing a streamlined compensation system available for those rare cases of injury from vaccinations makes compulsory vaccination programs possible.
How to recover damages from the National Vaccine Injury Compensation Program
Those who sustain injuries after receiving a vaccine can file a claim against the Secretary of the Department of Health and Human Services (HHS) in the U.S. Court of Federal Claims seeking compensation from the Vaccine Trust Fund.
Medical experts at the U.S. Department of Health and Human Services will review the claim to determine whether it meets the criteria for compensation and then they make a preliminary recommendation. The Justice Department then compiles a report which includes the medical recommendation and a legal analysis and submits the report to a special master at the Vaccine court to determine whether the claimant will receive compensation.
There may be a hearing where both sides can present evidence. If the claimant prevails, the special master will determine the type and amount of compensation they will receive.
Claimants may recover compensation for vaccine injury-related medical and rehabilitative expenses, pain and suffering and lost wages. Additionally, claimants may recover reasonable attorney fees and legal costs. Even in cases when a claimant is unsuccessful in recovering compensation, they may still receive payment for attorney fees if the case had a reasonable basis in fact and they pursued the claim in good faith.
An individual who is not pleased with the Vaccine Court’s final judgment may file a lawsuit in state or federal court.
What is the value of my Kentucky vaccine injury claim?
The value of a vaccine injury claim in Kentucky, as in other states, can vary based on several factors. As stated earlier, vaccine injury claims are often handled through the National Vaccine Injury Compensation Program (VICP), which was established to provide compensation to individuals who suffer injuries as a result of vaccines. The value of your claim will depend on the following factors:
- Medical expenses: Compensation can cover all medical costs related to the vaccine injury, including hospitalization, treatments, medications, rehabilitation, and future medical care.
- Lost wages and earning capacity: If the vaccine injury caused you to miss work or impacted your ability to earn a living in the future, you can seek compensation for lost wages and diminished earning capacity.
- Pain and suffering: This includes compensation for physical pain, emotional distress, and the overall impact on your quality of life. The severity and duration of your suffering will influence this amount.
- Permanent disability or disfigurement: If the vaccine injury resulted in permanent disability or disfigurement, the compensation amount may be significantly higher due to the long-term impact on your life.
- Death: If the vaccine injury resulted in death, the family or estate may be entitled to compensation for funeral expenses and loss of financial support.
- Compensation limits: The VICP has certain limits and guidelines on compensation amounts. For example, there are caps on pain and suffering ($250,000) and death benefits.
Typical compensation can include:
- Medical and rehabilitation costs: Full reimbursement for past and future medical expenses related to the vaccine injury.
- Lost income: Compensation for lost wages and future earnings if you are unable to work due to the injury.
- Pain and suffering: Up to $250,000 for pain and suffering.
- Death benefits: Up to $250,000 for vaccine-related deaths.
- Attorney fees and costs: Reasonable attorney fees and costs are covered separately and do not come out of your compensation.
Here are the steps to filing a claim:
- Filing a petition: You must file a petition with the U.S. Court of Federal Claims. Our experienced Kentucky vaccine injury attorneys can assist with this process.
- Medical documentation: Provide detailed medical records and documentation supporting your claim.
- Special master review: A special master will review the case and determine if compensation is warranted.
- Settlement or judgment: The case may be resolved through a negotiated settlement or a formal judgment by the court.
Given the complexity of vaccine injury claims and the specific procedures of the VICP, it is advisable to consult with an attorney experienced in handling these types of claims. At Crandall & Pera Law, we can help evaluate the details of your case, gather the necessary documentation, and navigate the legal process to seek the maximum compensation available.
The value of your vaccine injury claim in Kentucky will depend on the specific circumstances of your injury and the documentation you can provide to support your claim. Our experienced attorneys can provide a more precise assessment based on the details of your situation in a consultation.
Fighting for those injured from vaccines in Kentucky
If you are planning to make a claim to recover compensation from the National Vaccine Injury Compensation Program, you will require the services of an attorney who is familiar with the complicated process. An injury lawyer from Crandall & Pera Law can build a solid case on your behalf. We invite you to call our Kentucky office or fill out our contact form to schedule a consultation now. Our offices are located in Lexington and Louisville.