FAQs

How do I know if my child has been injured by a vaccine?

Sometimes vaccine injuries are obvious and easy to prove. For instance, before we stopped using the oral polio vaccine (OPV, a live vaccine) in this country, for many years the only cases of polio that occurred in children (only a handful a year) were caused by the OPV...
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What is the dealine for filing a claim in the NVICP?

The NVICP provides that a claim must be brought within 3 years of the onset of symptoms OR "manifestation of onset." A recent decision that has discussed this is detail is Setnes v. HHS ...

What about civil litigation against the vaccine manufacturers? When is that an option?

Whenever a claimant is unhappy with the result in the NVICP, an election can be made to file a civil action. There are a number of rather complicated ways to leave the program and proceed with civil litigation, and it is critical to do everything correctly. Cases that have been through the program and then go on to civil litigation have some restrictions placed on them, and your attorney needs to be aware of these. Also, there are some situations where claimants may not have to go through the program at all. This is a complex area, and the law is still evolving... watch for more information.

What do I have to prove in order to recover compensation in the NVICP?

For many years this has been a question that none of us could answer. The answer has varied from Special Master to Special Master and from case to case. In the cases of Stevens v. HHS and Watson v. HHS, the Chief Special Master tried to define a 5-prong test for proving causation, but not all of the Special Masters followed that analysis, and cases were decided against Petitioners where they couldn't demonstrate either epidemiology, a biological marker, or evidence of actual rechallenge (reaction to a vaccine more than once) in a claimant's case. Without one of those factors, it was necessary to demonstrate that the "medical community" pretty much agreed that a certain type of vaccine caused a certain type of injury. Recently, with the decision in Althen v. HHS, and some other decisions, the program has finally begun to serve its intended purpose. What Congress failed for years to do - reduce the burden of proof - has now finally been done by the U.S. Circuit Court of Appeals for the Federal Circuit...

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