REQUIREMENTS TO RECEIVE COMPENSATION THROUGH THE VACCINE INJURY COMPENSATION PROGRAM
In order to receive compensation from the VICP, the plaintiff must show the following:
1. He/she received a vaccine covered by the Act or contracted polio from a recipient of an oral polio vaccine;
2. He/she is a U.S. citizen or a dependent of a U.S. citizen;
3. He/she sustained a vaccine-related injury as defined by regulation or caused by the vaccine. [Note: The preponderance of evidence standard under the Vaccine Act requires proof that a vaccine more likely than not caused the injury, that but for her vaccination she would not have been injured, and that the vaccination was a substantial factor in bringing about her injury. Causation is determined on a case-by-case basis.]
4. He/she either died as a result of the vaccine-related injury or suffered complications of such an injury for more than six months; and
5. He/she incurred unreimbursed medical expenses of more than $1,000 related to the injury and has not previously received an award or settlement for a related civil action.
The Special Master then may take several months to issue a written decision on the issue of whether the vaccine injured and his/her family is entitled to financial support. If there is a ruling in favor of the injured then the second phase will focus on assessing damages, again requiring an expert opinion setting forth a life care plan for the injured individual. This process is far from “swift.” Financial support allowed under the VICP is limited to:
1. Medical Expenses (Past and Future)
2. Pain and Suffering (Past and Future) – Maximum recovery $250,000.00
3. Lost Wages (Past and Future)
4. Death cases – Maximum Recovery $250,000.00
