What Kinds of Compensation Are Available in the Vaccine Injury Compensation Program?

The Vaccine Injury Compensation Program is a U.S. federal program that offers compensation to people injured by vaccines. If you suffered a serious reaction to a vaccination, keep reading to find out what types of compensation are available to you under the VICP.

4 Types of Vaccine Injury Compensation Available to Victims

The Program itself divided into two phases. The first phase is called the Entitlement Phase. In the Entitlement Phase, the Petitioner (AKA the person who is injured by a vaccine) is required to demonstrate why he or she is entitled to compensation. They must prove that they suffered a vaccine injury. If you are successful in phase one, you move on to phase two: Damages. During the Damages Phase, the Petitioner must show how much compensation they deserve.

There are four categories of compensation available:

1. Pain and suffering
2. Lost wages (including future wages)
3. Past out-of-pocket medical expenses
4. Future medical needs

Pain and Suffering

Pain and suffering damages compensate you for the severity of the vaccine injury. There is no formula that the Court uses to come up with an amount. However, there is a cap. Vaccine injury petitioners are limited to $250,000 for pain and suffering damages.

Evidence of pain and suffering can be found in the medical records. However, as a vaccine injury lawyer, I’ve found that medical records very rarely tell the full story of my client’s daily pain and suffering. I like to use affidavits (or written statements) from both the Petitioner and their family and friends to demonstrate just how the vaccine injury impacted their daily life.

We may also film a “Day-in-the-Life” video, which shows how the Petitioner lives with his or her condition daily. This short video can be very impactful – much more so than medical records.

Lost Wages

You’re also entitled to lost wages or earnings due to a vaccine injury. Evidence of lost earnings includes a doctor’s note excusing you from work, W2s, wage statements, pay stubs, etc. You may also need an affidavit from your employer.

For future lost wages compensation, the VICP uses a statutory formula for petitioners under 18 and actuarial tables for petitioners over 18. Aside from a doctor’s opinion, your attorney may need to hire an economist or vocational expert to establish your future earnings had you not been injured by a vaccine.

Past Out-of-Pocket Medical Expenses

The VICP is a secondary payor when it comes to medical expenses. That means that you are only entitled to out-of-pocket medical expenses after health insurers like Medicare and Medicaid, as well as private insurance companies, pay for treatment. That includes co-insurance payments, co-pays, and deductibles. I always tell our clients to keep meticulous records of any payments made during treatment.

There are also treatments and medical equipment that are not covered by most health insurance plans. It is essential to keep a record of any medical equipment purchased as a result of the injury, including braces, walkers, or canes. Home modification expenses are also recoverable if made as a result of the vaccine injury. You should also save any receipts for prescription and over-the-counter medicine, if possible.

The best idea is to keep track of these expenses along the way. The VICP is going to want to see a receipt or evidence of every purchase. Here is an example of what we try to do in our cases to make sure we don’t forget anything:

Petitioner Payment Status Record

12/1/18 | $80.00 | Co-pay Hospital | Paid: Yes
1/15/19 | $35.00 | Knee brace Walgreens | Paid: Yes
3/1/19 | $350.00 | Entrance Ramp Contractor Co. | Paid: Yes
4/30/19 | $45.00 | Co-pay PT Provider | Unpaid: Yes

You can’t get reimbursed if you don’t ask for it, and we can’t ask if we don’t know about it.

Future Medical Costs

Future medical costs are often the most complex damage calculation. In general, a petitioner is entitled to any future medical expenses that would not reasonably be covered under a separate health plan.

In complex cases involving substantial future care, the most critical piece of evidence is called a life care plan. Each side will select a life care planner who determines the future care needs of the vaccine injury petitioner for the remainder of his or her life. The plan would include the costs for full-time or part-time care, medications, future medical treatments, medical equipment, etc. The purchase of an annuity typically funds lifecare plans.

The total amount of damages for each petitioner is determined on a case-by-case basis. An experienced attorney will make sure that nothing is left out when it comes to proving damages in your vaccine injury case.

Injured by a vaccine? Contact us today.

If you believe you sustained a severe vaccine injury, you may be entitled to compensation from the VICP. Our vaccine injury lawyers will review your case at no cost to you. Call us 24/7 at (312) 578-9501 or text us at (312) 847-2428 to get started. We’re just a phone call or text away!