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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

A Scottsdale Attorney Assisting in your Claim to the National Vaccine Injury Compensation Program

For some Arizona Children, Vaccines can Cause Illness, Lifelong Health Problems, and Even Death

The vast majority of Arizona children who receive vaccinations benefit from such medical attention; some children, however, suffer great harm as the result of vaccinations. To address this serious problem, Congress enacted the National Vaccine Injury Compensation Program. Though a lawyer is not mandatory when applying for compensation, the process can be challenging, full of bureaucracy, and loaded with legally complex terminology.

Call Scottsdale Attorney Shane L. Harward at 480-874-2918 for help through the complex claim’s process. Below is a brief overview of the most frequently asked questions about the program and steps you can take if your claim for compensation has been denied. For more detailed answers to your questions, contact the Law Offices of Shane L. Harward.

Why is the National Vaccine Injury Compensation Program Necessary?

Because numerous lawsuits were filed against vaccine manufacturers and the process to get compensation through such lawsuits was extremely tedious, the federal government saw a need that was at least two-fold: To require doctors to provide much more information to parents about the risks related to vaccines than had been required before the act was passed and to create a no-fault system that would offer almost guaranteed compensation to families who were the victims of harm from vaccines.

When was the National Vaccine Injury Compensation Program Established?

The National Vaccine Injury Compensation Program (VICP) was created in 1986 by Congress. The legislation that created the program was the National Childhood Vaccine Injury Act of 1986 (PL-99-660).  The goal was to address vaccine safety concerns and enact more safeguards to protect children.

Who Administers the Vaccine Compensation Program?

The program is administered by the U.S. Department of Health and Human Services (HHS), the U.S. Court of Federal Claims (the Court), and the U.S. Department of Justice (DOJ). Its main office is located at the HRSA Healthcare Systems Bureau in Maryland.

What Compensation does the Program Provide?

If an injury or death as the result of a vaccine occurred after October 1, 1988, the claimant is required to apply for federal compensation prior to pursuing a lawsuit against a vaccine manufacturer or provider. If compensation is awarded, the National Vaccine Injury Compensation Program may:

  • Provide up to $250,000 for a vaccine that is associated with a death.
  • Pay for all future medical expenses including custodial and nursing home care as well as past medical expenses that have not yet been reimbursed.
  • Pay up to $250,000 for pain and suffering as well as loss of income.

Why Should I hire an Arizona Attorney to Assist with the Claim Process?

The process for applying for compensation can be a challenge. Extensive evidence and documentation must be provided and all paperwork must be submitted correctly and on time. Experienced and successful attorneys are specialists in detail and in deciphering complex legal terms. The claims process will be much smoother and will probably proceed much more quickly if you have an attorney on your side.

If you reject the award or you are denied compensation, you may still file a lawsuit for your damages and family’s loss. This may be the time you most need to call your attorney at 480-874-2918.

By having an attorney on your side through the whole process you will:

  • Minimize your risk of getting your claim denied
  • Improve your potential of getting sufficient compensation
  • Have an ally to answer your questions through the process
  • Already have an informed legal ally in your corner if filing suit is necessary.  If your claim is denied or you do not accept the government’s offer, you have other legal options.

If you do decide to proceed with legal action against a vaccine manufacturer or provider, there are certain restrictions and requirements. To discuss these requirements and to have all of your legal questions answered by an Arizona child advocate and experienced children’s personal injury attorney in Scottsdale, call 480-874-2918 to speak with Shane L. Harward.

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