Widman Law Firm is admitted and prepared to file claims for vaccine related injuries taking place in the State of Minnesota. The admission required to bring vaccine injury claims in front of the Court of Federal Claims, where vaccine injury claims are filed and heard, is a federal admission. Phyllis Widman, Esq. is thereby fully admitted to bring vaccine injury claims in all 50 states and D.C., including Minnesota. Whether you are in Minneapolis, St. Paul, Rochester, St. Cloud, Duluth, Bloomington, 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 Injury Compensation ProgramIn the 1970’s and 80’s, the Pertussis vaccine faced controversy. The shot was alleged to cause permanent brain injury in children, leaving consumers in the United States furious. Vaccine manufacturers were losing money not only due to lawsuits filed against them, but also because of a growing public reluctance to get immunized which led to a declining vaccination rate across the country. One-by-one, manufacturers ceased production of the vaccine, citing financial risk; only one producer of the Pertussis shot remained by 1985. The U.S. Government was forced to intervene.
In 1986, Congress passed the National Childhood Vaccine Injury Act. This Act facilitates the uninterrupted production of vital inoculations by absolving drug makers of any financial risk related to the production or administration of vaccines. This Act was also designed to offer an accessible means of arbitration for vaccine injury cases. This would result in the establishment of the Vaccine Injury Compensation Program (VICP): the system by which vaccine-injured people can be compensated for their damages.
Since its inception, the VICP has awarded over $4.4 billion dollars to victims of vaccine injury.
The VICP is funded by a 75 cent tax placed on the purchase of every vaccine recommended for children by the CDC. As the program is a division of the U.S. Court of Federal Claims, filing a claim for compensation in the VICP is a legal process. It is therefore recommended to proceed with an experienced vaccine attorney, though it is possible for claimants to represent themselves.
Injured people seeking compensation from the VICP must file a petition with the program, themselves becoming the petitioner. Petitioners are essentially asked to prove three things to the court: one, that they received a vaccine covered by the VICP; two, that they suffered an injury listed on the Vaccine Injury Table found here; and three, that they experienced symptoms of the alleged injury within a certain timeframe.
Compensation granted by the VICP averaged $254,612.95 per award in 2020. VICP payouts can include an award for pain and suffering up to $250,000, reimbursement for medical expenses and lost income, and projected cost of living expenses. In the event of a death resulting from a vaccine, those filing on behalf of the deceased may be entitled to a death benefit of up to $250,000. The VICP also reimburses petitioners’ attorney’s fees, so that 100% of all money awarded to the injured goes to caring for their injuries.
The Countermeasures Injury Compensation ProgramIn 2005, Congress passed the Public Readiness and Emergency Preparedness (PREP) Act in response to growing fears of biological, chemical, and radiological terrorist attacks. The Act itself protects drug companies from liability in the event of injuries arising from medical countermeasures developed against such types of attacks. Additionally, the PREP Act protects those companies from liability in case of injuries arising from countermeasures designed to fight epidemics and pandemics. Just as the National Childhood Vaccine Injury Act saw the establishment of the VICP, so did the PREP Act result in the formation of the CICP: the Countermeasures Injury Compensation Program.
As time went on, the CICP would see little use for its intended purpose. However, with the advent of the Coronavirus pandemic and the mass rollout of the COVID-19 vaccine, the CICP has seen much more widespread utilization.
COVID countermeasure claims make up more than 95% of total claims filed in the CICP.
The COVID-19 vaccine accounts for most of those claims.Compensation in the CICP differs from that awarded by the VICP. While the CICP does not offer a pain and suffering award, the program will still reimburse lost income and medical expenses, as well as potentially pay the claimant’s cost of living expenses. The CICP is also authorized to grant more than the VICP in the event of a countermeasure-related death, with a maximum death benefit of $370,000.
Experienced Vaccine Lawyers Who Will Fight for YOUVaccine injury is real. It affects people. It changes lives. Whether you suffered acute symptoms which limited your ability to work, or you’ve seen your quality of life drastically reduced as a direct result of vaccine injury, our team is prepared to file YOUR claim for compensation.
Contact us by phone or email today to learn more about how we can file your claim in the VICP or the CICP. Be advised: both programs carry a strict statute of limitations. If you wait longer than THREE years to file in the VICP, or ONE year to file in the CICP, YOU WILL NO LONGER BE ELIGIBLE FOR COMPENSATION.
Don’t wait - call today for a free consultation.