Phyllis Widman is a vaccine injury attorney. She is one of the only attorneys in New Jersey licensed to practice in the United States Court of Federal Claims. Ms. Widman’s vaccine injury practice is national, as these claims go through a Federal Court, therefore she is able to handle such claims from any state in the U.S.
Although immunization has played a pivotal role in deterring disease outbreaks and pandemics in the United States, it is not a perfect science. Vaccinations are recommended for people of all age groups, from their first few years of life well into their golden years. Newborns are scheduled to receive the Hepatitis B shot within 12 hours of birth, and then an additional 47 injections before they are six years old. For everyone older than six months, the flu shot is recommended annually.
Unfortunately, in some instances, the recommended vaccines cause injuries. This is well-known and well-documented by the Government, who monitors the number of vaccine injuries, as well as the types of injuries caused by each named vaccine. In response to injuries caused by vaccines, Congress enacted the National Childhood Vaccine Injury Act of 1986, which created the Vaccine Injury Compensation Program (VICP), beginning on October 1, 1988. Initially, the law was enacted to compensate and assist babies who were injured by the DTP vaccine. However, over the years, the VICP has expanded to include several additional, specific vaccines and injuries for children and adults.
Due to the number of vaccine injuries, a specific Federal Court was granted jurisdiction over vaccine injury cases. All vaccine injury claims must be filed in the United States Court of Federal Claims (within the “Vaccine Court”) located in Washington DC.; although, you may not be obligated to appear in Washington, DC. Instead, some hearings may be held in the Federal Court in your local district, or the Court may allow you to appear via teleconferencing.
A claim in Vaccine Court is not a traditional lawsuit. Rather, it is based on a no-fault system of compensation. However, if your claim is denied in Vaccine Court, or if you do not agree with the award in Vaccine Court, you may be able to file a traditional lawsuit in a trial court after you resolved your claim in Vaccine Court.
The Vaccine Court is designed to compensate and assist vaccine injured people. For that reason, the Court pays all attorneys fees and costs on behalf of the claimants. This is unlike the traditional civil court attorney compensation structure that usually allows for attorneys to accept 1/3 of the award to pay their fees. In Vaccine Court whatever you recover, whether by settling or trying and winning your case, is compensation and assistance that goes solely to you or your child. You also do not pay your attorney if your claim is dismissed.
Anyone can file a claim on their behalf, or on their child’s behalf, in the Vaccine Court.
You do not have to be a U.S. citizen.
You are also eligible to file in Vaccine Court if you received the injurious vaccine outside of the U.S. In those cases, you must show that you were a U.S. citizen in the military or a U.S. government employee; or if you received a vaccine manufactured by a company located in the U.S. and you returned to the U.S. within six (6) months after the vaccination.
Vaccine Injury cases involve medical and legal nuances that would be more easily handled by a vaccine injury attorney. In order to be eligible to file a claim, you must show with medical documentation that:
- You received the vaccination that you claim caused your injury, and
- The effects of your injury have lasted; either for more than six (6) months after you received the vaccine, OR resulted in a hospital stay and surgery, OR resulted in death.
There is a strict statute of limitations that applies to Vaccine Injury Claims. In order to be eligible to file a claim, you must do so within three (3) years from the date of first onset of your injuries, or two (2) years from the date of death, if a death occurred as a result of a Vaccine.
Phyllis Widman is admitted to practice in the United States Court of Federal Claims to litigate matters in the Vaccine Court. Since the claims are filed in Federal Court, Ms. Widman can handle claims from any State in the Country.
No matter what State you live in, if you or a loved one was injured by a vaccine, call Widman Law Firm. The consultation is free and for a claim filed in Vaccine Court, you will never pay attorney’s fees, whether you lose, settle or win at trial. We are available 24 hours a day, seven days a week. (732) 829-3416.