Vaccine Injury Fund: Lessons from a Lawyer-Claims in Vaccine Court

Picture of Phyllis WidmanIn speaking with many people around the country, it is apparent that most people, including lawyers and doctors, are unfamiliar with and often unaware of the VACCINE INJURY COMPENSATION PROGRAM (VICP).

The following several posts on my website are part of a series whereby I will be providing information pertaining to the existence and running of the Vaccine Court as well as the Vaccines and Injuries as the source of the court filings.

This post specifically deals with Vaccine Injury Claims/Petitions.  Vaccine Injury claims are real.  They are filed as Petitions in the Vaccine Court (which is technically the U.S. Court of Federal Claims).  Petitioners may file as long as there is good faith and a reasonable basis to believe that an injury occurred as a result of receiving a vaccine(s).

The entity against which a Petitioner files is the U.S. Department of Health and Human Services (HHS).  That Department has attorneys who defend these cases against it.  Those attorneys are employed by the Department of Justice in Washington D.C.

Once the Petition is filed, it is assigned to a Special Master, who is like a Judge, but who handles only vaccine injury claims.  Thus, there is a lawyer (The Department of Justice attorney) and the Special Master, who hears both sides of the claims.

Thousands of claims are filed each year.  Some settle and Petitioners are compensated for their injuries.  Other cases are dismissed and the Petitioner gets nothing, and the rest of the cases go to Hearing (like a Trial).  However, there is no jury.  Only the Special Master decides the outcome of the case.

The Vaccine Court has had an increase of claims every year, with last year being the most claims ever filed.  It began approximately 30 years ago as a childhood injury venue, but now includes claims for adults and children.  With the mandate of vaccines such as the flu vaccine for school and healthcare employees, there has been a rise in adult claims.  Last year, the flu shot was the number one vaccine for which people were compensated.

Many doctors and healthcare professionals are unaware of the Vaccine Court and of vaccine injuries in general.  The ignorance of the medical community regarding vaccine injuries can be devastating.  For example, people who receive a vaccine and have an injury such as SIRVA (Shoulder Injury as a Result of Vaccine Administration) may return to their doctor with arm pain after receiving a vaccine.  If the doctor is unaware (or in denial) of the potential for a vaccine to cause a shoulder injury, then that doctor can unintentionally send the patient down the wrong treatment path.  What could require injections and possible physical therapy, could turn into an entirely different treatment plan that does not help the patient, or could even make the patient worse.

Likewise, the patient may not get the advice to seek an attorney or file a Petition in order to preserve a vaccine injury claim (all claims of living people must be filed 3 years from the date of the first onset of symptoms, or be forever barred from filing).  Thus, doctors’ ignorance could lead to worsening symptoms and the inability to ever be compensated for a severe injury.

It seems that the health field does not want to discuss or admit that vaccines can and do cause harm sometimes.  Maybe this is due to a fear of being sued.  However, that fear is baseless, since the vaccine court shields all healthcare professionals from liability regarding the vaccines covered in the program.  This includes doctors, nurses, administrators, hospitals, urgent care centers, pharmacies, etc.

I find it sad when potential clients call me and have missed the time frame within which to file because their doctor continued to tell them that there is no way the vaccine can cause the pain or injury described.  Those doctors are uninformed and/or irrationally paranoid about getting sued.  Either way, the patient suffers.

If you or a loved one feels they have been injured as a result of receiving a vaccine, there is help.  There is a court designed to handle all vaccine injury claims, and there are lawyers, like myself, who are admitted to practice in the court and who represent those injured by a vaccine.  It is real and you never pay attorneys fees.

Feel free to call Widman Law Firm, LLC, Vaccine Injury Attorney, at (609) 848-5692 for a free consultation.

Client Reviews
"Phyllis Widman and her staff are the type of people you want fighting for you. They are organized, tenacious, thorough and compassionate. They understand how to work with the government and medical communities. If you are lucky to have Phyllis and her team work for you, you will be successful with your case." Bob and Ann, Waretown, NJ
"I can sit here and write you a book about how hard she works for her clients. Long story short All around great lawyer highly recommended" Anonymous
"Phyllis Widman, and staff, after years of continuous working on my behalf, keeping in touch with me every step of the way, for years, was happy to inform me that we had won the case. It wasn't easy, but she never gave up. Always answering my emails, and on top of my case. If you are looking for someone you can trust, and have faith in her and her team, will try very hard to get the right and fair results for you." Jim S.
"I hired Phyllis Widman to assist me with the denial of my religious exemption for the COVID vaccine and employment termination by my employer. Phyllis was extremely knowledgeable and clearly explained to me about my legal rights and the legal process. I found her to be very efficient, organized, and passionate about her work and I especially liked that she really cared about me as a person and truly wanted what was best for me. I am very grateful to say, I did have a successful outcome. The religious exemption denial was overturned and I am back to work. I highly recommend Phyllis Widman." Kimberly R.
"Phyllis and her team took care of everything after my injury. When I was hurt, I was unsure who to speak to, as I'm quite young and typically "let things go." After a few recommendations and the first phone call I knew I was in good hands. I don't know where I'd be right now if I didn't make that simple first phone call. A thank you just isn't enough, but thank you so so much for what your firm does." Anonymous
"My experience with Phyllis Widman was excellent. I know that I would not have had the successful outcome that I did without the expertise and specialty training of Phyllis Widman. Phyllis worked tirelessly to make sure that my concerns were addressed, and my needs were met. Phyllis is extremely personable, friendly, comforting and very relatable. She is so well versed in the field of vaccine injury law. I am extremely fortunate to have found Phyllis for my case and would highly recommend her to anyone in search of a truly compassionate professional." Kristen M.