Frequently Asked Questions
Covid-19 vaccine injuries are not currently covered under the Vaccination Injury Compensation Program (VICP), however they are covered under a separate program called the Countermeasure Injury Compensation Program (CICP). If you’ve been injured by a Covid-19 vaccination, we still encourage you to contact us so we can talk to you about your options and keep you informed of any changes in the law. Although you might not have a VICP claim now, we think there is a good chance you will have one in the future. We’d love the opportunity to keep you updated on new developments and possibly represent you in the future.
Vaccine injury cases are different than other injury cases because vaccine manufacturers and the people who administer vaccines have immunity from lawsuits. Therefore, they cannot be sued. However, instead of filing a lawsuit against the manufacturer of the vaccine or the person who administered it, an injured person can file a claim for damages in a specialized court called The Federal Court of Claims. The Court of Claims oversees the multi-billion-dollar Vaccine Injury Compensation Fund which was established to compensate individuals who get injured from vaccines. The money in the fund comes from a seventy-five-cent tax the vaccine manufacturers pay on every vaccine dose they sell. The process is similar to filing a lawsuit in some ways but also very different in many ways. Feel free to contact us with any questions and we will explain in more detail.
Any individual, regardless of age, who was injured by a covered vaccine is eligible to file a claim. Parents or legal guardians of a child or disabled adult may file on behalf of the injured. Finally, the legal representative of a deceased person believed to have been injured by a covered vaccine may file a claim.
In general, a petition must be filed within 36 months of the onset of the injury or within two years of death if the vaccine injury led to the death. In addition, the effect of the injury must last at least 6 months or require inpatient hospitalization and surgery.
The Vaccine Injury Table is a chart that lists the vaccines covered under the Vaccine Injury Compensation Program and the injuries commonly associated with that vaccine. Claims that fit within the criteria of the table are presumed valid and compensable unless proven otherwise. While the vaccine that caused an injury must be one that is included on the table, the injury or illness that resulted from the vaccine does not have to be one of the injuries or illnesses listed on the table. Although it helps tremendously if your case fits in the table, it certainly doesn’t mean you don’t have a case if it doesn’t fit within the table.
About Alholm Law
Daniel Alholm graduated from Southern Methodist University in 1999 and The Loyola School of Law Chicago in 2003. Mr. Alholm is currently licensed to practice law in the states of Illinois and Tennessee as well as The United States Court of Claims and the District Court for the Northern District of Illinois.
Founder, Alholm Law PC
I have written many times about the inherent unfairness of the current system for compensating individuals who have been injured by vaccines and I
SIRVA (Shoulder Injury Related to Vaccine Administration) is the result of human error. It occurs when the person administering a vaccine places the needle too
For people with SIRVA and other Covid-19 vaccine injuries, I want to give my opinion on where I see things headed as far as the