As noted in Business First’s article, vaccinations are currently a popular topic due to the COVID-19 pandemic. However, legal issues regarding vaccine injuries have been around for decades.
Business First reporter Patrick Connelly stated that Lipsitz Green Scime Cambria has a practice to assist people who have had adverse reactions to standard vaccines. As Lynn Bochenek explained, “unlike a medical malpractice case where you can sue the pharmaceutical company or the person who administered the shot in court, with a vaccine you can’t.”
Victims of vaccine injuries must file a petition with the National Vaccine Injury Compensation Program (VICP). The VICP, which was established in 1986 as part of an effort to protect the country’s vaccine supply, is a no-fault alternative that provides compensation to people found to be injured by vaccines.
While discussing the VICP, Ms. Bochenek stated “They provide a table of vaccines that qualify. If you received one of those and you have what they deem to be a qualifying injury within the qualifying time period, you are presumptively eligible for compensation.”
COVID-19 vaccinations are not among the vaccines that currently qualify for the VICP. However, those suffering an adverse reaction to a Coronavirus vaccine may begin a legal process by applying to the Countermeasures Injury Compensation Program.
Towards the end of their article on vaccine injury compensation, Buffalo Business First states “In all cases, the full amount of money goes to the injured party with attorneys being paid after submitting an invoice to the government.”
To read Buffalo Business First’s full article on Vaccine Injury Compensation, including comments from attorney Lynn Bochenek, click here.