Vaccine Injury Litigation Process

The following is for informational purposes and may not apply to all circumstances. If you have a particular issue, be sure to speak with a lawyer familiar with vaccine injury litigation.

Costs and Fees

The Maglio Christopher & Toale Law Firm does not charge its clients to represent them in cases brought under the National Vaccine Injury Compensation Program. Nor do our fees come out of a compensation award to a client as in contingency fee cases. Instead we are typically paid separately by the Court of Federal Claims at the conclusion of the case.

As a service to our clients, our Firm also covers the costs of litigating the case, such as filing fees, expert witness fees, travel expenses, etc. These costs are usually reimbursed by the Court at the conclusion of the case.

Gathering of Medical Records

We are required to file all relevant medical records with the Court. This is usually the first step that must be completed. We ask that you provide us with all medical records that you have and a list of all relevant doctors and hospitals. We use that list to gather the remaining medical records.

Filing of Petition

The claim is initiated by the filing of a petition with the Court of Federal Claims in Washington, DC. Once the petition is filed, a Special Master is assigned to the case. A Special Master is a specialized judge that handles only vaccine claims. The Special Master decides the outcome of the case instead of a jury.

Trial

The Department of Health and Human Services (HHS) acts as the defendant in these cases. It is represented by the Department of Justice throughout the process. HHS reviews the petition and chooses whether to dispute the claim that the vaccine caused the injury or to concede that the vaccine was responsible. If HHS concedes that the vaccine caused the injury, the next step is to determine the value of the damages. If this cannot be agreed on there is a trial (called a hearing) on this topic before the Special Master.

If HHS does not concede, there is an initial trial (called a hearing) on the issue of whether the vaccine caused the injury. The trial is typically held where it is most convenient. That is usually in the area in which you live at a local federal courthouse. You will testify and it is likely that so will some of your family or friends. Your doctor or doctors may testify. Our expert witnesses will testify as to how the vaccine caused the injury. Then HHS’ expert witnesses will testify as to why the vaccine did not cause the injury. The Special Master will then decide whether the vaccine caused the injury. If the Special Master decides in your favor, then we go on to the issue of damages. If we cannot agree with HHS as to the value of the damages, we will have a second trial to determine that.

Timing

This process is designed to be quicker than civil litigation. With some exceptions, it usually is. A hearing on whether the vaccine caused the injury usually occurs within a year. Cases that settle can conclude in as little as a few months. Other parts of the Program are extremely cumbersome and take a long time. For example, once a case is settled, it usually takes six months or more to receive the settlement monies.

Compensation

Compensation includes monetary damages for pain and suffering, past and future medical expenses, past and future lost wages, and reasonable attorneys’ fees and costs. Compensation for pain and suffering is limited to a maximum of $250,000. There is no limit for medical expenses and lost wages.

Who May File

You do not need to be a citizen of the United States to file a claim. Usually, the vaccine must have been administered in the United States or one or its territories to bring a claim. However, some people who receive vaccines outside of the U.S. may be eligible for compensation. In order to be covered by the Program, the injured person must have been a U.S. citizen serving in the military or a U.S. government employee, or have been a dependent of such a citizen; or the injured person must have received a vaccine manufactured by a vaccine company located in the U.S. and returned to the U.S. within 6 months after the date of vaccination.

Do I Need an Attorney?

Yes. Do not attempt to represent yourself in the Program if there is any way that you can get a lawyer. The Program was designed to be non-adversarial and non-litigious, but the reality is that it is often a very complicated, difficult, hard-fought, and legalistic process. You need an attorney who knows how to litigate vaccine cases.