Navigating Vaccine Injury Claims: What to Expect and When
At The Greenwood Law Firm, we specialize in vaccine injury cases. As experienced vaccine attorneys, one of the most common questions we hear is, "How long will my claim take?" Let's break down the process and timeline to give you a clearer picture of what to expect.
The Journey Begins: Filing Your Claim
The first step is gathering all necessary medical records and filing your claim. This initial phase can take anywhere from a few weeks to a couple of months, depending on how quickly we can collect all the required documentation.
Pro Tip: Have an updated list of all the medical professionals and facilities you have visited. Not only related to your vaccine injury, we will need to file all records because for vaccine cases, the VICP requires submission of complete medical records with the claim. The medical records must include:
Vaccine record
Medical records from three years prior to vaccination to the present time
All records related to treatment of the vaccine injury
If the injured person was younger than five years when vaccinated, the mother's pregnancy and delivery records and the infant's lifetime records, including physicians' and nurses' notes, test results, and well-baby visit records, as well as growth charts, until the date of vaccination.
Our team can guide you through this process to avoid delays.
Obtaining and Reviewing Medical Records
Once we have your list of medical providers, we begin the process of contacting each facility to obtain the necessary records. This phase can take several months, depending on the number of records needed and the cooperation of the medical facilities.
After receiving the records, our team conducts an initial review, making detailed notes to prepare for the next steps.
Drafting Your Petition and Personal Declaration
We then schedule an interview with you, typically via phone call. This crucial step allows us to:
Help draft your personal declaration
Understand your history from your perspective
Document how the vaccine injury has affected your life
This personal touch is vital - we want to ensure that the court, and HHS understand your story and how this injury has impacted you. It's important that your voice is heard throughout this process.
Filing the Claim
With your petition, personal declaration, and medical records in hand, we proceed to file the claim. This marks the beginning of the waiting period as various parties review your case.
The Review and Decision-Making Process
This is where the bulk of the time is spent, usually taking about 1-3 years. During this phase:
The court and HHS review the case thoroughly
We may need to engage medical experts for additional reports
More complex injuries may require additional investigation
There may be negotiations about compensation if recommended
The Greenwood Law Firm's expertise in vaccine law allows us to navigate this complex process efficiently on your behalf, keeping you informed every step of the way.
The Home Stretch: Final Decision and Compensation
Once all evidence is reviewed and any negotiations are complete, a final decision is made. If your claim is approved, the compensation process begins. This final phase typically takes 2-3 months.
The Big Picture: Total Timeline
From start to finish, most vaccine injury claims take about 2-3 years to resolve. However, it's important to remember that each case is unique. Some may be resolved more quickly, while others might take longer.
Understanding the Context: Limited Special Masters
It's important to note that there are only eight Special Masters appointed to oversee vaccine injury cases for the entire United States. These Special Masters are responsible for reviewing and deciding on all vaccine injury claims filed across the country. This limited number of decision-makers contributes to the length of the process, as each Special Master manages a large caseload.
Our Commitment to You
Throughout this journey, The Greenwood Law Firm is committed to keeping you informed and advocating for your rights. While the process may seem long, it's designed to be thorough and fair. Our experienced team works diligently to move your case forward as efficiently as possible.
Have more questions about the vaccine injury claim process? Don't hesitate to reach out to our specialized vaccine attorneys at The Greenwood Law Firm. We're here to provide personalized guidance for your situation and to advocate for your rights throughout the entire process.