What if a person experiences injury or death by a vaccine not listed on the Vaccine Injury Table?

The Vaccine Injury Compensation Program ("VICP") can provide compensation to individuals who may have been injured by a vaccine. The VICP associates some injuries with certain vaccines. For example, if you experience anaphylaxis within 4 hours of a some vaccines, the VICP will presume that the vaccine caused that anaphylaxis. VICP has created a list of vaccines that have associated injuries. That list is called the "vaccine injury table," and the injuries on the vaccine injury table are called "table injuries." You can see that list here.

If you experience any injury on that table, within the timeframe noted on the table, you may file a petition for compensation with the VICP, and you will most likely not have to prove that the vaccine was the cause of the injury – the vaccine court will presume that it was. But, what if you have an injury that is not a table injury? Are you still eligible to receive compensation? Fortunately, the answer is that is yes. You may be eligible to receive compensation even if your injury is not a table injury.

The main difference between a table injury and a non-table injury is that, in the case of non-table injuries, the vaccine court will require evidence that the vaccine was the cause of your injury. That evidence usually comes from an expert in the injury you experienced. Generally, an attorney who specializes in the VICP will contact an appropriate specialist and request that they examine the medical records for their client. If that expert provides an opinion which provides sufficient evidence that the vaccine caused your injury, that is usually enough to ensure you get compensation. Additionally, the injured person is generally not responsible for the cost of that medical expert. If the court requires an expert opinion, the cost of that expert's time will be paid for by the VICP.

So, if you believe you may have been injured by a vaccine – even if it was not a table injury – you should contact an attorney experienced with the VICP soon, as there are limits to the amount of time you have to file your petition.

Post Written by David Tierney

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