12/22/2022
HOW A VACCINE INJURY CLAIM WORKS
A claim for a vaccine injury, including SIRVA, is made by filing a petition with the U.S. Court of Federal Claims. It is in every way a lawsuit against the vast resources of the federal government. Specifically, the defendant, or “respondent” in the lawsuit is the Department of Health and Human Services, which makes the initial decision whether to allow your claim, and most often initially denies the claim.
This requires you to then prove your claim with evidence which is extremely complex and technical, involving medical, scientific, and biological expertise. It is not enough to show that you received a vaccination, followed by an adverse reaction, and that there is no other explanation for your condition.
AN ATTORNEY IS ESSENTIAL DURING LITIGATION
In the litigation, where you are trying to prove the vaccine caused your injury, illness, or condition, the lawyers for the respondent are employees of the federal government's Department of Justice.
Those lawyers specialize in contesting Vaccine Injury claims, and have available to them experts who will dispute the existence of a link between the vaccine and your injury. Even when they do agree to allow the claim, they will often contest the amount of compensation.
VACCINE INJURY CLAIMS REQUIRE SPECIALIZED ATTORNEYS
Most lawyers who handle personal injury litigation on a contingency fee—like car accidents, slip and falls, and workplace injuries—are not involved in these claims. Some may not even know of the existence of the Program, and are usually not admitted to the Court of Federal Claims.
The attorneys at Vaccine Injury Pros, vaccineinjurypros.com, understand these claims are specialized and difficult litigation, requiring knowledge and experience unique to representing persons suffering from adverse reactions to a vaccine. We understand the process involved in obtaining the amount of compensation awarded when a claim is allowed.