Vaccine Case Review Form

Accepting clients nationwide. Our attorneys will evaluate your situation to see if you have a legal case.

Name

Address

City

State

Zip

Phone

The following questions are about the person suffering from a vaccine reaction:

Name

Date of Birth

Date of Vaccinations

Names of the Vaccines Administered

Date the First Symptoms Occurred

Date of First Medical Visit Concerning the Symptoms

Describe the Symptoms of the Vaccine Reaction

Describe Your Current Health Condition

I have read and understand the terms and conditions:

Questions and Answers About the Legal Process of Filing a Vaccine Injury Claim

Preguntas de Reclamos Vacunas en Español

Do I Need an Attorney?

Yes. Do not attempt to represent yourself in the National Vaccine Compensation Program if there is any way that you can get a lawyer. Hiring a vaccine attorney should come at no cost to you because the Court pays for all legal fees. The Program was designed to be non-adversarial and non-litigious, but in reality, it's a

very complicated, difficult, hard-fought, and legalistic process. You need an attorney who knows how to litigate vaccine cases.

What are the Legal Costs and Fees?

Maglio Christopher & Toale, P.A. does not charge its clients to represent them in cases brought under the National Vaccine Injury Compensation Program. We do not take any contingency fees from your financial award in the case. We are typically paid directly by the Court of Federal Claims at the conclusion of the case at no cost to you.

As a service to our clients, our Firm 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.

What Kind of Information Will You Need to Start Building a Case?

The first thing we'll ask is for a copy of all your medical records and also a list of every doctor or hospital where you've gotten treatment for your vaccine injury. We use this list to gather the remaining medical records on file at each location. We are then required to turn over a copy of your complete and comprehensive medical records to the Court.

How Do You File a Claim with the National Vaccine Injury Compensation Program?

Your claim is initiated by filing a petition with the Court of Federal Claims in Washington, D.C. 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.

What Are the Legal Procedures and What Can I Expect at 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 decides whether to dispute your 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 to you. It will usually take place at the nearest local federal court house to where you live.

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 about how the vaccine caused the injury. Then the Health and Human Services 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.

How Long Does the Entire Process Take?

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.

What Type of Compensation is Usually Awarded in these Cases?

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.

Who Can File A Claim With the National Vaccine Injury Compensation Program?

You do not need to be a citizen of the United States to file a claim. Usually, the vaccine must have been administered in the United States or one of its territories to bring a claim.

Some people who receive vaccines outside of the U.S. may be eligible for compensation. In order to be covered by the Program, the injured person must have been a U.S. citizen serving in the military or a U.S. government employee, or have been a dependent of such a citizen; or the injured person must have received a vaccine manufactured by a vaccine company located in the U.S. and returned to the U.S. within 6 months after the date of vaccination.

The preceding 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.