Vaccine Litigation (http://www.anapolschwartz.com/practices/vaccines/dtp.asp) is unlike other Mass Tort due to the fact that Vaccines have their own Court set up to determine awards for vaccine related injury claims.
Vaccine Court, is an office of the Special Masters of the U.S. Court of Federal Claims. Cases heard in Vaccine court, cannot be filed in state or federal civil courts.
Vaccine Court was established in 1986 as part of the National Childhood Vaccine Injury Act. (NCVIA) The purpose of the NCVI was to ensure a stable supply of vaccines and provide cost-effective arbitration for vaccine injury claims.
The NCVIA also mandates that all health care providers must report certain adverse events following vaccination to the Vaccine Adverse Event Reporting System (VAERS).
Vaccine recipients who suffer an adverse effect are entitled to compensation under the Vaccine Injury Compensation Program. Today, eligible victims include adults and children who have been injured as a result of receiving a vaccine that is recommended by the Centers for Disease Control (CDC). To be eligible, a petition must be filed within 3 years from the date that the injured manifested itself.
For more information on the Vaccine Injury Compensation Program, and Vaccine Litigation, please visit: http://www.hrsa.gov/vaccinecompensation/index.html
The Legal Examiner and our Affiliate Network strive to be the place you look to for news, context, and more, wherever your life intersects with the law.
Comments for this article are closed.