The attorneys at Widman Law Firm are prepared to file claims for vaccine related injuries transpiring in the State of Hawaii. The admission required to bring vaccine injury claims in front of the Court of Federal Claims, where vaccine injury claims are heard, is a federal admission. The Vaccine Injury Compensation Program, more commonly referred to as the “VICP” or the “vaccine court,” exists within the Court of Federal Claims. Phyllis Widman, Esq. and her team are thereby able to bring vaccine injury claims in all 50 states and D.C., including Hawaii. Whether you are in Honolulu, Hilo, Pearl City, Kahului, Waipahu, Kailua-Kona, Lahaina, Kaneohe, or anywhere in between, Widman Law Firm is prepared to provide you and your family with high quality legal representation for your vaccine injury claim.
The Vaccine Court began as part of the National Childhood Vaccine Injury Act (NCVIA) of 1986 in response to lawsuits against vaccine manufacturers to limit their exposure to liability with payouts. The vaccine court is designed to be a no-fault program, whereby if your injury meets the Vaccine Injury Table requirements, you have a valid claim. The table requirements are essentially three parts: (1) the vaccine is covered by the program; (2) the injury is one listed on the table as known to occur after the particular vaccination received; and (3) the problematic reaction occurred within the timeframe specified on the table. Examples of the “table injuries” include encephalopathy or encephalitis, anaphylaxis, shoulder injuries, and vasovagal syncope. Even if your injury does not fall into the no-fault scheme, you may still have an “off-table” claim.
The Vaccine Court operates slightly differently from a typical civil court in a few ways. First, the adversary in these matters is always the Department Of Health and Human Services (HHS) rather than the administrator or manufacturer of the vaccine. Second, the initial filing is referred to as a “petition” rather than a complaint and has different standards and requirements for its content and formatting than a civil court complaint. Third, there are only Bench Trials (no jury trials) that are conducted by “Special Masters” rather than judges. Attorneys fees are covered in the Vaccine Court, therefore you never pay attorneys fees. Successful Petitioners and their attorneys are paid through a federal fund created under the NCVIA that is paid into by the vaccine manufacturers through an excise tax on covered vaccines. Also, the vaccine court operates almost entirely remotely, so the process is accessible to anyone in the country without needing to appear live in Washington DC. The Court is highly specialized and having a specialized vaccine injury attorney is helpful for navigating its intricacies.
Phyllis Widman, Esq. has been admitted to the Court of Federal Claims for eight years and continues to actively focus her practice in the specific area of vaccine injury law. Her experience is exclusively focused on the Petitioner’s side, fighting for the victims of these injuries and their families, helping them navigate the often emotionally and financially tolling times after a vaccine injury occurs. She works hard to win compensation for the victims’ pain and suffering, lost wages, medical expenses, and more. If you or a loved one has suffered from a shoulder injury as a result of vaccine administration (SIRVA), or been diagnosed with any neurological or immune disorder due to a vaccine administered in California, Phyllis Widman and her team are here to fight for you. Send us a message today and we will follow up with you for a free consultation.