Vaccine-Related Injury Attorneys Serving Maui
Vaccines are carefully designed and thoroughly vetted before being offered to the public. They are very safe and effective at reducing the incidence of disease. Though scientists strive to make vaccines that are as safe and effective as possible for a majority of the population, vaccines are not always safe for everyone. While most people might experience mild discomfort after a vaccine, others may experience a severe allergic or adverse reaction.
If you or a family member suffered injury after receiving a vaccine in Hawaii, contact Menzer Law. We have extensive experience in handling vaccine claims and dealing with the National Vaccine Injury Compensation Program (VICP). Matt Menzer is one of a limited number of attorneys in Hawaii who are licensed to represent individuals with vaccine claims in the U.S. Court of Federal Claims.
What Is The National Vaccine Injury Compensation Program?
If you or a loved one has suffered serious side effects and complications after receiving a “covered” vaccine, you don’t need to file a lawsuit against a manufacturer or medical provider. The VICP is a no-fault system through which you can file a vaccine injury claim to pursue compensation. The VICP process can include the following steps:
- We file a petition with the U.S. Court of Federal Claims on your behalf. You are eligible to file a petition if you received a covered vaccine, you are the parent or legal guardian of a child or disabled adult who suffered a vaccine injury, or you are the legal representative of the estate of a person who suffered a fatal vaccine injury.
- The U.S. Department of Health and Human Services (HHS) reviews your petition to determine if it involves a covered vaccine and covered reaction.
- The U.S. Department of Justice submits a report that includes a legal analysis of your petition and a medical recommendation to the federal court.
- The court-appointed special master holds a hearing, giving both sides the opportunity to present evidence, and then decides whether you should be awarded compensation.
- The court can then order HHS to award you compensation.
If you went through the VICP process and disagree with the special master’s decision, you should contact a us as soon as possible to discuss a possible appeal.
What Are Covered Vaccine Reactions?
Health care professionals and scientists are aware of the types of complications that can arise when a child or adult is allergic to a vaccine. These known injuries and conditions are published in the Vaccine Injury Table by the VICP. When you file a vaccine injury complaint, the HHS medical staff will review whether your complications fit within the types and time frames listed in the injury table. If so, it is presumed the vaccine caused the injury. You also must generally establish that at least one of the following is true of the vaccine side effects:
- They lasted at least six months
- They resulted in patient death
- They required surgical intervention or resulted in hospitalization
If your vaccine reaction differs from the known complications listed in the table, then you must present evidence to the court establishing the link between the vaccine and your injury in order to receive compensation.
Deadlines For Vaccine Cases
To be eligible for compensation, you must file a VICP claim within three years from the onset of symptoms or significant aggravation of the vaccine injury. If your family member passed away, you have two years from their death or four years from the first symptoms to file. You should talk with our injury lawyers in Hawaii about when you should pursue compensation through a VICP complaint.
What Else You Need To Know About Vaccine Damage Claims
You do not have to be a certain age to file a vaccine injury claim. Claims can be filed by a qualified vaccine injury lawyer for persons under 18 years old. You also do not have to be a U.S. citizen to file. If you were vaccinated in Hawaii or another U.S. state or territory, talk with a vaccine injury attorney about filing a complaint. The courthouse is located in Washington, D.C., but we can file your petition online. At Menzer Law, we are well-versed in the filing rules and requirements of the U.S. Court of Federal Claims.
We Offer Personal Attention And Fierce Legal Advocacy
Attorney Menzer has over 30 years of experience litigating personal injury cases and representing individuals suffering from vaccine injuries. At our firm, we offer free initial consultations and do not charge any upfront fees for VICP petitions. We advance the petition filing costs and expenses related to retaining medical experts, and our attorney fees and other costs are typically reimbursed through the VICP claim process.
To schedule your free consultation at our Maui law office, contact us by filling out our online form or calling 808.446.7374.