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 & Pitts 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.
