If a health care provider is negligent, it can harm a patient. This negligence is known as medical malpractice. In fact, healthcare practitioners and the hospitals where they work may be negligent. Medical malpractice claims are complicated, and victims need the help of an attorney. An experienced attorney works to have the client compensated for injuries as well as pain and suffering. Unfortunately, wrongful death claims can result from vaccinations. Claims involving vaccinations are handled through the U.S. government.
It is important to get compensated when harm is done through vaccinations and immunizations. Vaccine claims are adjudicated in the Office of Special Masters. The Office was established by Congress and has eight special masters who serve for four-year terms. This came about because the government mandates that vaccinations be given. Therefore, each claim is against the Department of Health and Human Services.
The special master has two roles: case management and decision-making. This government official collects information and sets deadlines in cases on the docket. Decision-making involves deciding the type of proceeding to present evidence. Claimants have an attorney, and a Department of Justice Attorney represents the Secretary of Health and Human Services. Only victims or their legal representatives can file claims. Eligibility requirements include:
- The injury lasts more than six months
- The injury resulted in a hospital stay
- The injury resulted in death
Compensation claims must be brought within 36 months of the first symptom of injury. Government guidelines let doctors know what symptoms to look out for, which include anaphylaxis or anaphylactic shock, encephalitis, and paralytic polio. Further, some vaccines are linked to central nervous system disorders. Injury awards come from a surcharge paid by a vaccine manufacturer on each vaccine sold. The amount of compensation is capped at $250,000 for death cases.
The special master determines the amount of the award for injured claimants. Normally, the settlement is based on past and expected future non-reimbursed expenses related to the injury. The award may also include compensation for pain and suffering, as well as an impaired earning capacity. Attorney fees and costs are also paid for the victim’s attorneys.
It’s your right to get compensated when harm is done through vaccinations and immunizations. Hire a lawyer or visit his or her office for legal consultation.
Be the first to like.