Filing
a Claim with the VICP
First, a claim must be filed by or on
the behalf of the individual thought to
be injured by a vaccine covered by the
VICP. A claim is started by filing a legal
document called a petition that is prepared
by you or your lawyer to request compensation
under the VICP. Anyone who files a claim
is called a petitioner. The only form
required is the Court’s cover sheet
for the claim. You may obtain a copy of
the cover sheet and a sample claim by
calling (202) 357-6400. Your claim should
address the following information:
- who was injured by the vaccine;
- which vaccine caused the injury;
- when the vaccine was given;
- the city and State or country where
the vaccine was given;
- the type of injury;
- when the first symptom of the injury
appeared; and
- how long the effects of the injury
lasted.
Your claim should also include your medical
records and/or other appropriate documents,
the Court’s cover sheet, and the
$250.00 filing fee. If you are unable
to pay this fee, call (202) 357-6400 for
assistance. The original claim and two
copies plus a $250.00 filing fee should
be sent to:
Clerk
U.S. Court of Federal Claims
717 Madison Place, N.W.
Washington, DC 20005
Medical Records and Other Documentation
You must include certain medical records
and/or other appropriate documents with
the claim. If some medical records are
unavailable, you must identify those records
and explain why they are unavailable.
The medical review and processing of the
claim may be delayed if you do not include
the appropriate medical records and other
documents with the claim.
In order to ensure that your claim is
processed in a timely manner, the VICP
suggests that you include the following
medical records and other documents when
filing your claim with the Court and the
Secretary of Health and Human Services,
c/o Director, Division of Vaccine Injury
Compensation.
TYPES OF MEDICAL RECORDS
- Prenatal and Birth Records
- Mother’s prenatal record
- Delivery record
- Birth certificate
- Newborn hospital record including
providers’ notes, and radiology/lab
results
- Any hospitalization face sheet
with final diagnosis
- Medical Records Prior to
Vaccination
- Clinic notes (such as Well Baby
visits)
- Private doctor visits
- Growth charts/lab/radiology results
- Consultation reports and evaluations
- Developmental charts
- Vaccination Record (if available)
- Post-Injury Hospital/Emergency
Treatment Records
- Admission/discharge summaries
- History and physical records
- Progress notes (including doctors’/nurses’
notes)
- Medication records
- Lab/radiology/EEG results
- Flow sheets (respiratory care/treatment)
- Consultation reports and evaluations
- Post-Injury Outpatient Records
- History and physical records
- Progress notes (including doctors’/nurses’
notes)
- Medication records
- Lab/radiology/EEG results
- Clinic notes
- All evaluations
- Vaccine Adverse Event Reporting
System (VAERS) form (if submitted)
- Long Term Records (that apply
to your injury)
- School records
- Consultation reports and evaluations
- Educational testing records
- Psychological testing records
- Police/ambulance records
- Death Records (if applicable)
- Death Certificate
- Autopsy report (if done)
- Autopsy slides
*Note: Number 1 may be omitted if the
injured person is an adult.
Filing a Claim With or Without
a Lawyer
You do not need a lawyer to file a claim.
However, since this is a legal process,
most people use a lawyer. If certain minimal
requirements are met, the VICP will pay
your lawyer’s fees and other legal
costs related to your claim, whether or
not you are paid for a vaccine injury
or death. The VICP will not pay the fees
of petitioners representing themselves,
but will pay their legal costs, whether
or not the claim is paid as long as certain
minimal requirements are met.
Filing a Claim Outside the VICP
Most of the time, you must first
file and have your claim processed with
the VICP before a civil lawsuit can be
filed against the vaccine company or the
person who gave the vaccine. If you would
like to file a civil lawsuit outside of
the VICP, contact a lawyer for advice.
Obtaining a List of Lawyers Who
File VICP Claims
- Contact:
Clerk
U.S. Court of Federal Claims
717 Madison Place, N.W.
Washington, DC 20005
- Telephone: (202)
357-6400; or your State or local bar
association
A Summary of the Claims Process
The Court has documents which explain
the process in more detail. To obtain
these documents, you may visit the U.S.
Court of Federal Claims Web site or
call (202) 357-6400. Most petitioners
use a lawyer, since this
is a legal process and the Rules of the
Court are very specific and must be followed.
The process for filing a claim
is:
- the petitioner or petitioner’s
lawyer sends one original and two copies
of the claim along with the medical
records, other appropriate documents
and a $250 filing fee to the Court;
- the petitioner or petitioner’s
lawyer sends one copy of the claim including
the medical records and other appropriate
documents to the Secretary of Health
and Human Services, c/o Director, Division
of Vaccine Injury Compensation;
- the Court sends one copy of the claim
and medical records to the DOJ;
- HHS reviews the medical information
in the claim and this review is sent
to the DOJ lawyer who represents the
Secretary of Health and Human Services;
- the DOJ lawyer reviews the legal
aspects of the claim and writes a report;
- the HHS and DOJ reviews are combined
into one report that is sent to the
Court and petitioner or petitioner’s
lawyer;
- the DOJ and petitioner or petitioner’s
lawyer take legal action to resolve
the claim;
- a “special master” (a
lawyer appointed by the judges of the
Court) decides if the claim will be
paid and how much will be paid for the
claim;
- if the special master decides to
pay the claim, the petitioner must make
a decision to accept or reject the special
master’s decision in writing;
and
- the special master’s decision
may be appealed to a judge of the Court
by the petitioner or HHS, then to the
U.S. Court of Appeals for the Federal
Circuit, and finally, to the U.S. Supreme
Court.
Reasons for Compensation
To be paid, you must prove that:
- the injured person received a vaccine
listed on the Vaccine
Injury Table (Table); and
- the first symptom of the injury/condition
on the Table as defined in the Qualifications
and Aids to Interpretation (Aids)
occurred within the time period listed
on the Table; or
- the vaccine caused the injury; or
- the vaccine caused an existing illness
to get worse (significantly aggravated).
In addition, the Court must determine
that the injury or death did not result
from any other possible causes.
Types of Payments Awarded
For an injury,
you may be paid:
- a reasonable amount for past and
future nonreimbursable medical, custodial
care, and rehabilitation costs, and
related expenses (There is no limit
on the amount a person with an injury
may be paid for these types of expenses.
Payments are based on your vaccine injury
needs.);
- up to $250,000 for actual and projected
pain and suffering;
- lost earnings; and/or
- reasonable lawyers’ fees and
other legal costs or legal costs,
not fees, of petitioners representing
themselves, if your claim was filed
on a reasonable basis and in good faith.
For a death,
you may be paid:
- up to $250,000 as a death benefit
for the estate of the deceased; and
- reasonable lawyers’ fees and
other legal costs or legal costs,
not fees, of petitioners representing
themselves, if your claim was filed
on a reasonable basis and in good faith.
This
information reflects the current thinking of the United States Department
of Health and Human Services on the topics addressed. This information is
not legal advice and does not create or confer any rights for or on any
person and does not operate to bind the Department or the public. The ultimate
decision about the scope of the statutes authorizing the VICP is within
the authority of the United States Court of Federal Claims, which is responsible
for resolving claims for compensation under the VICP.
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