Frequently Asked Questions

Q: What costs do I have to pay if I am a client of the Law Office of Renée J. Gentry?

A: If you become a client of Ms. Gentry, you do not have to pay attorneys’ fees or costs.

Q: Will my case be made public?

A: As with any law firm we maintain the confidentiality of our clients. However, the fact that you filed a claim in the National Vaccine Injury Compensation Program will be a matter of public record. Minor children’s names will be redacted to initials however the parents’ full names will appear in the case name. The ultimate decision of the Court will likely be public, including certain medical information listed in the Decision. However, actual medical records and financial evidence are sealed and unavailable to the public.

Q: Am I suing my doctor or pharmacy?

A: No. You are not suing the administrator of the vaccination or manufacturer of the vaccine. You, as the Petitioner, are filing a claim in a no-fault compensation program. The Secretary of Health and Human Services is the Respondent and is represented by the U.S. Department of Justice attorneys. A Petition in the National Vaccine Injury Compensation Program is not a lawsuit.

Q: What compensation is available to me as the Petitioner if I win?

A: There are three areas of compensation in the National Vaccine Injury Compensation Program: Out of pocket unreimbursable expenses related to the vaccine injury, actual and/or projected lost earnings, and pain and suffering. There is a death benefit of $250,000 if it can be demonstrated that a death is related to a vaccine-related injury.

If you are an adult who has been injured you are entitled to:

  • Actual out of pocket unreimbursable expenses that result from the vaccine-related injury.

  • Pain & suffering in an amount not to exceed $250,000.00.

  • Actual past and future lost wages.

  • Reimbursement of any Medicaid Lien you have incurred related to your vaccine injury.

If you are the parent of a vaccine injured child the majority of the compensation awarded will be awarded to you as “the guardian of the estate of the minor child." You will likely be required to become the guardian of your child’s estate through local counsel in your local jurisdiction. Your child is entitled to:

  • Actual out of pocket unreimbursable expenses that result from the vaccine-related injury. All previously incurred expenses paid by you will be reimbursed to you directly while the future projected out of pocket expenses will be payable to you as guardian of your child’s estate. Future payments of a substantial amount will likely be payable partially in a lump sum amount and partially in an annuity.

  • Lost wages based on a formula in the statute.

  • Your child is also entitled to pain & suffering in an amount not to exceed $250,000.00. Unfortunately, the National Vaccine Injury Compensation Program does not compensate parents for their pain & suffering while watching their child be injured.

  • Reimbursement of any Medicaid Lien you have incurred related to your child’s vaccine injury.

 

NOTE: Both vaccine injured adults and the parents of vaccine injured children are entitled to reimbursement of litigation expenses (including the cost of establishing a guardianship) at the conclusion of the case. Litigation expenses are reimbursed to you win or lose so long as the case was filed in good faith and there was a reasonable basis to file.

NOTE: Other than the Medicaid lien noted above, compensation is not subject to any other liens, taxes or attorneys’ fees.

Q: I am already represented in the Vaccine Court but would like to change attorneys. Can the Law Office of Renée J. Gentry take my claim?

A: We are happy to review your filed claim, with your authorization, and determine whether we can represent you.

Q: I filed my own claim in the Vaccine Court without an attorney but would like to get an attorney or have been instructed by the Court to get an attorney. Can the Law Office of Renée J. Gentry take my claim?

A: We are happy to review your filed claim, with your authorization, and determine whether we can represent you.

Q: I would like to sue my doctor or pharmacy for my vaccine injury. Can the Law Office of Renée J. Gentry take my claim?

A: No. The Law Office of Renée J. Gentry solely represents people in the National Vaccine Injury Compensation Program.

Q: I do not live in the Washington DC Metropolitan Area. Can the Law Office of Renée J. Gentry take my claim?

A: Yes. We represent clients from all over the United States.