Relieving The Burden of Financial Recovery
Each year, millions of people, children and adults, are vaccinated. Although adults are generally able to choose whether they receive tetanus or flu vaccines, the government mandated a vaccination program for children with the purpose of creating an inexpensive, easy-to-administer program to keep children safe from measles, polio, pertussis (“whooping cough”) and other diseases. Unfortunately, children and adults sometimes experience adverse reactions to the vaccines. The injuries can be temporary but often times they can be permanent and devastating and sometimes children and adults die from vaccines.
The National Vaccine Injury Compensation Program was developed to assist families and individuals injured or killed due to adverse reactions to vaccines. This is a no-fault system set up to provide compensation for the victims of vaccine-related injuries.
Although one can represent themselves, the process is complicated and generally requires the assistance of an attorney. The fees and costs associated with processing a claim are paid for out of the program so that there is no financial risk to the client bringing such a claim. In order to represent injured victims in the compensation program, the attorney must be admitted to the United States Court of Claims. This is a highly specialized and technical area of law that requires the assistance of a well trained attorney in both the injuries caused by the vaccines as well as the legal process.
The time period in which to file a claim in the program is short. An injured person, plaintiff, must file a vaccine injury claim within three years of the onset of his or her injury symptoms. A vaccine-related death claim must be filed within two years of death and within four years of the onset of symptoms. What constitutes an onset of symptoms is complicated and confusing requiring that there be prompt action taken to protect your legal rights under the program.
The Petition for compensation is filed in the US Court of Federal Claims in Washington, D.C. Although the court system itself is centered in Washington, D.C., hearings, trials and other matters are generally held in areas much closer to the injured victims. This is a nationwide program allowing attorneys to represent people throughout the United States not just in the state in which the lawyer is located.
Often times, treating doctors are unfamiliar or unwilling to state that a vaccine has caused an adverse reaction. An experience attorney can locate doctors that are familiar and experienced with many of the illness caused by vaccines. Without the assistance of a qualified medical doctor your claim will be difficult to process and most likely will be dismissed.
If you suspect that you, a loved one, friend or family member have been injured because of a vaccine please immediately contact Krueger & Hernandez to discuss your legal options or call us at (608) 824-9540, at no cost to you.