I'm Worried About Confidentiality. Will My Vaccine Case Be Public?
In the Internet Age, clients are increasingly concerned about privacy. And rightly so. 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 (NVICP) will be a matter of public record.
The Vaccine Court allows minor children’s names to be redacted to initials however the parents’ full names will appear in the case name. No automatic redaction is granted to adults. They must request redaction individually when the decision is entered.
Further, the ultimate decision of the Court will be public, including certain medical information discussed in the Decision. However, actual medical records and financial evidence are sealed and unavailable to the public. The Office of Special Masters (OSM) does not have a set policy on redaction and individual Special Masters vary in whether they allow redaction of a final decision. Determinations are made on an individual basis.
Finally, Vaccine Court trials are not public, with attendees typically limited to the client, their lawyer and experts, and the opposing counsel from the DOJ and their experts, as well as the Special Master, their law clerk and court reporter. Very rarely, additional guests are allowed in with the consent of the parties.
In short, your case will be a matter of public record.
For more information contact The Law Office of Renée J. Gentry, Esq.