What Should I Do If I Get Sick Due To A Vaccine?

July 13, 2020

Our vaccination injury compensation lawyers explain how the process works

Adverse reactions to vaccines can result in very serious injuries or illnesses. In certain extreme cases, some vaccination injuries can be fatal. Knowing what to do in these situations can be confusing. Even knowing what your rights are as a vaccine injury victim might not be clear.

That’s why our experienced vaccination injury attorneys at Villari, Giannone and Matteo created this user-friendly guide for families wondering what they should do if somebody becomes sick or injured after being vaccinated.

Steps you should take if you or a loved one sustain a vaccination injury

Every vaccine injury often presents its own unique challenges. That’s why it’s important to understand there’s no one-size-fits-all approach to all vaccination injuries. Instead, this guide is simply intended as a starting point to help you better understand the legal options available to you. If you have a specific question about your vaccination injury or illness, simply contact our law firm and schedule a free case evaluation. We handle vaccine injury claims nationwide.

• If you suspect that you or a loved one has experienced an adverse reaction to a vaccination, seek immediate medical treatment. Your health and well-being could be at risk since certain adverse reactions to vaccines can result in severe injuries or illnesses.
• Contact our law firm as soon as possible to learn more about your legal options.
• With our guidance, we can assist you with many of the following steps:
  • File a claim with the National Vaccine Injury Compensation Program (VICP) or the Countermeasures Injury Compensation Program (CICP).
  • The VICP program was created in 1988 by the U.S. Department of Health and Human Services in order to provide financial compensation to individuals who have sustained injuries caused by certain vaccines. Overall, the VICP has awarded more than $4 billion to people harmed by vaccines.
  • The CICP was created by the federal government to provide financial compensation to people harmed by certain vaccinations, medications or other medical treatment used when treating an individual during an epidemic or pandemic, including the coronavirus (COVID-19) pandemic.
  • If the vaccine that caused your injury or illness is not covered by the VICP or CICP, you may be able to take legal action in certain circumstances. That’s why it’s important to talk to a vaccination injury attorney as soon as possible. Contact our law firm to learn more about your legal options.
  • When filing a VICP or CICP claim, you do not have to prove who was at fault if you or a loved one sustained an injury or illness. The VICP and VICP are both no-fault systems.
  • You have a limited amount of time to file a VICP claim in most circumstances. The deadlines are:
    • Three years if you experienced an adverse reaction to a vaccine.
    • Two years if a family member died due to an adverse reaction to a vaccine.
  • The deadline to submit a VICP claim is often based on the date the vaccine was administered.
  • You also have a limited amount of time to file a CICP claim in most cases. The deadline is often one year from the date you experienced an adverse health reaction to a vaccine, medication or other health care treatment.
  • All VICP and CICP claims must be filed with the U.S. Court of Federal Claims. Our law firm can help you prepare and submit your VICP claim.
  • Once you have submitted a VICP or CICP claim, a medical staff member from the U.S.
  • Department of Health and Human Services will review your application and decide whether it meets VICP or CICP guidelines.
  • If your VICP or CICP application meets the guidelines, the medial staff member will make a preliminary recommendation.
  • An official from the U.S. Department of Justice will then review your VICP or CICP application and make a recommendation to the U.S. Court of Federal Claims.
  • A “special master” appointed by the federal claims court will then recommend whether to approve your application and recommend how much money you should receive.
  • If your VICP or CICP claim is approved, you will be compensated by the U.S. Department of Health and Human Services. In most cases, you can be financially compensated for the following expenses:
    • All medical bills associated with your vaccine injury or illness
    • Replacement income if you cannot work while recovering from your vaccination injury or illness
    • Lost future income if you cannot return to work due to a permanent injury or illness caused by your vaccination
    • Funeral expenses, if applicable
    • Death benefit for surviving family members, if applicable
  • If your VICP or CICP claim is denied, you have several options:
    • Appeal your denied claim
    • File a claim in civil court against the at-fault party, which may include:
      • The medical professional who administered the vaccine
      • The pharmaceutical company that manufactured the vaccine
      • Medical professionals who treated you for your injury or illness during an epidemic or pandemic

Learn more about your legal options. Contact us and schedule a free case evaluation with a vaccine injury lawyer at our law firm.