Another common question we get is: What compensation is available to me if I win my vaccine case?
There are three areas of compensation in the NVICP: Out of pocket unreimbursable expenses related to the vaccine injury, past and future lost earnings, and past and future 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 NVICP 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. This lien is reimbursed in addition to your compensation. It is not taken out of your compensation.
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.
Other than the Medicaid lien noted above, compensation is not subject to any other liens, taxes or attorneys’ fees.
For more information contact The Law Office of Renée J. Gentry, Esq.