What Is the National Vaccine Injury Compensation Act?
The National Vaccine Injury Compensation Program (VICP), through the National Childhood Vaccine Injury Act (NCVIA), provides a no-fault system of compensation for certain immunization injuries. President Ronald Reagan signed the act in 1986 to protect manufacturers and healthcare providers from lawsuits. These personal injury cases threatened to reduce the country’s vaccination rates. This caused vaccine shortages, as leading pharmaceutical companies considered leaving the market due to high liability costs associated with vaccine side effects.
How the NCVIA Works
The U.S. Department of Health and Human Services (HHS) manages the NCVIA’s compensation program, conducts petitioner medical reviews, and oversees court-ordered payments. The injured party may submit a claim through an attorney to the U.S. Court of Federal Claims. This system is less time-consuming and adversarial than the traditional tort system. Even in cases where the HHS cannot verify the claim sufficiently, claimants may still receive compensation under the NCVIA.
The 21st Century Cures Act
Enacted on December 13, 2016, the 21st Century Cures Act added several important amendments to the now outdated NCVIA. It expanded the original legislation to include new categories of vaccines not incorporated in 1986. These changes added immunizations recommended for pregnant women, which could injure children in utero when medical professionals administered those vaccines to their mothers.
The VICP Trust Fund
The Vaccine Injury Compensation Trust Fund finances the act’s compensation program through an excise tax. The U.S. Department of Treasury collects $0.75 on each vaccine dose the Centers for Disease Control and Prevention routinely recommends for children to prevent disease. For example, if your child receives trivalent influenza and measles-mumps-rubella immunizations, the agency would collect $3.00 as these immunizations prevent four diseases. Treasury invests these funds and provides a monthly report for those interested.
Who Can File for NCVIA Compensation?
A personal injury law firm can file a vaccine injury compensation claim under the NCVIA for anyone injured by a covered vaccine administered after October 1, 1988. Experienced attorneys can also file on behalf of children, disabled adults, and deceased individuals. There are no age restrictions. However, other legal requirements, such as the statute of limitations — typically two to three years, depending on the state — must be met to receive a settlement.
Speak With a Seasoned Attorney About Your Vaccine Injury
Our experienced personal injury attorneys at Price Benowitz could assist if a vaccine has injured you or your loved one.
Act quickly — your claim’s statute of limitations is ticking. Contact us today for a free case evaluation.
