Vaccine compensation is a system that has been set up by the National Childhood Vaccine Injury Act of 1986. This act has three goals and that is to 1) ensure that safe vaccines are produced, 2) prevent future injuries from vaccines through a reporting system and education, and 3) to create a compensation alternative other than suing the manufacturers of vaccines when an injury or death occurs.

The compensation has two parts. The first relates to deaths or injuries from vaccines that occurred before October 1, 1988. There is no limit to how far back the injury or death happened, as long as it was before this date. In this compensation outline an unrestricted lawsuit may be pursued, a claim was required to be filed by January 31, 1991, and if a claim was not filed then the statute of limitations has expired for the claim.

The second part of the Act relates to deaths or injuries from vaccines that occurred after October 1, 1988. For cases in this time frame individuals are required to first apply for federal compensation. This must be done before a lawsuit may be filed. Deaths associated from vaccines may receive up to $250,000 from the system. The system may also pay for medical expenses that have not been reimbursed from the past and future, nursing home care, loss of earned income, and up to $250,000 for associated pain and suffering. If the award offered is turned down or rejected then the individual affected may file a lawsuit. There is a limit on how much time can pass before a file is claimed. It is 36 months for a vaccine related injury and 24 months for a vaccine related death. Lawsuits may have certain restrictions that apply.

The money for the compensation fund comes from a small fee associated with each vaccine dose that is sold. This is important to have money to pay families for injuries or deaths that might occur from vaccines.

  If you believe your child has been injured or was killed by a vaccine then it is important to learn all you can about the compensation system before filing a claim. In some cases, it makes sense to hire a lawyer educated and experienced in this area of the law.

Posted in Health and Well-Being

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