IS MY CLAIM WORTH CALLING AN ATTORNEY? IS THERE REALLY NO COST?

In our last blog, we discussed how if you have suffered an injury, it is worth contacting us to discuss if you have a vaccine injury claim. In this part of our blog we discuss why it is worth both your time, and ours to investigate and pursue a vaccine injury claim.

Is contacting you regarding a vaccine claim worth my time?

While this is something we will discuss with you further and is truly only a question you can answer, after speaking with us and the identification that there is a viable claim, in our experience the resounding answer is YES.  Typically our initial phone call will take less than an hour, during that call we will ask you about your injury and tell you about the VICP and the work we can do for you. If in that conversation, it is decided that you may have a viable claim we will discuss how we investigate claims and if you would like to proceed. If so, we get information regarding your medical providers- all you need to give us is their names and we will do the rest of the work to track them down. We will then send you an agreement and ask that you sign authorization requests for your medical providers. We will incur the cost for obtaining your medical records.  After that, the ball is in our court- we do the work for you, and at no cost to you.

If we determine and recommend that a claim should be filed, we prepare all the necessary paperwork. As it is your claim, you will be asked to review and sign certain documents but we are committed to doing the work, and making it as easy as possible for you to pursue a claim.

Is it worth an attorney’s time? Is there really no cost to me?

As attorneys practicing in the VICP, we are compensated for our time from the program. In order to file a claim we have to have what is termed a “reasonable basis” to file. Meaning that, before we file a claim we must have investigated and have sufficient good faith belief that you have a claim that is worth of compensation from the program.

If after speaking with you initially, we believe you have may have a claim, we will investigate your claim, at no cost to you. If we don’t feel that we can take your case, we will tell you that as well. It is well worth your time, and ours, to discuss if you have a possible claim- and again, we will discuss the matter with you FREE of charge. You can also email me directly at nnobbe@mooreheffernanlaw.com. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

IS MY INJURY WORTH FILING A CLAIM?

Is filing a Vaccine Injury Claim worth it?  This is a question we have been asked by many prospective clients, and most often the answer is YES, and this is not because we are trying to “sell” you that we are the best attorneys to pursue your claim. While we would greatly appreciate the opportunity to work with you, as attorneys we got into the field of law to help people and that is why we are vocal about National Vaccine Injury Compensation Program (VICP).

Often our clients come to us and feel that they are not “toughing it out” or are “complaining” by speaking to us. Routinely, we hear that potential clients don’t want to be “sue happy” and wonder “Is my injury really worth calling about or pursuing?”  While we appreciate the thoughtfulness of potential clients the fact is, if you believe have suffered an injury as a result of a vaccination, looking into if you are entitled to compensation is absolutely worth it.

In this blog we will address why the program was established and why, even if you believe your injury is minimal, it is worth contacting us to investigate your claim. Next week, we will discuss how it is worth both your time, and an experienced VICP attorney’s to investigate your claim.

 

The program was established for a reason…

The National Vaccine Injury Compensation “VICP” was established upon Congress recognizing that while vaccines have prevented thousands, likely millions, of people from suffering and falling ill from Measles, Influenza, Hepatitis and other illnesses, the administration of vaccines is not without risk. Simply put, our government recognized that reactions can and still do occur. The tradeoff for the implementation of widespread vaccination protocols and the prevention of those illnesses came with the realization that there needed to be a way to acknowledge when reactions occur. As uncomfortable as it may be, the only way to acknowledge those that have suffered an injury is with monetary compensation and that is why the VICP was created.

One of the most common vaccination injuries is a Shoulder Injury Resulting from Vaccination (SIRVA), you can read more about what a SIRVA injury is here: https://vaccineinjurypros.com/vaccine-injuries/sirva-injury/. A SIRVA injury is just how it sounds, an individual receives an injection and as a result of the injection, suffers a shoulder injury. While the injury must meet certain criteria, such as it must result in pain and loss of mobility that occurs shortly after the injection and continues for more than six months- the VICP recognizes that not all vaccinations are simply a shot- and that injuries and reactions occur.

 

But my injury isn’t that bad, I can still function…

Our number one concern when we speak with potential clients is their health. It is common for our first question to be “how are you doing” when discussing cases with potential clients. We really do care and wish for a speedy and seamless recovery from any injury our clients are experiencing. And while we appreciate the perspective our clients often believe that their injury isn’t “that bad”, it is our job as advocates to let you know that while you may be minimizing your experience as “not that bad” that does not mean you haven’t suffered and that what you experienced isn’t worthy of compensation from the VICP.  The sleepless nights you may have had, the anxiety of not knowing what your future may hold, the events you declined on attending because you simply didn’t want to deal with conversing while others while in pain- these are all things that you have had to endure. In other words, while you may find your experience minimal, the VICP was created and exists to acknowledge and address the pain and suffering, medical expenses, and loss of income that may have resulted from your vaccination.

Nikki Nobbe - Vaccine Injury Attornety

It is important to remember that if after speaking with you, we believe you may have a claim, we will investigate the matter at NO COST to you. If we don’t feel that you have a viable claim, we will tell you that as well. Simply, there is no downside to contacting us, it is worth it. You can contact is by visiting our Contact page. You can also email me directly at nnobbe@mooreheffernanlaw.com. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

WHY YOU SHOULD SEEK REPRESENTATION AFTER A VACCINE INJURY

“Is the pain I am experiencing in my arm after a flu shot normal?”

“Is it normal to not be able to move my arm after a flu shot?”

Asking yourself those very questions?  While the last thing anyone expects after receiving a flu shot is to suffer a shoulder injury, we have represented many clients who were once wondering the same thing. Often our clients come to us in disbelief that a routine flu shot has caused them months of pain and loss of mobility. After seeking medical treatment, it also is not uncommon for doctors to not attribute an injury to a vaccination or to not even be aware of the medical term “SIRVA” which stands for Shoulder Injury Related to Vaccine Administration.  This often leads to feelings of frustration and hopelessness for individuals seeking relief and acknowledgement of their injury.  That’s where we hope to help, by investigating and evaluating if your symptoms and injury meet the requirements for a vaccine injury claim under the VICP. And if your injury does meet those requirements, we can represent you in filing a claim with the VICP to receive compensation- all at no charge to you.

The VICP is a federal program, which compensates persons who experience a Vaccine Injury, which occurs when a Nikki Nobbe - Vaccine Injury Attornetychild or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the VVICP. Claims for compensation to the VICP are made to the U.S. Court of Federal Claims located in Washington, D.C., by filing a petition.  Most “petitioners” are represented by lawyers. A lawyer representing a petitioner must be admitted to practice in the U.S. Court of Federal Claims.

While most claims are settled, there are several reasons petitioners should be represented by an experienced lawyer in a case with the NVICP. First, if the claim meets certain minimal requirements, the NVICP will pay the lawyer’s fees, whether or not the petitioner is entitled to recover. This means the petitioner has no risk.  Second, if he or she is entitled to recover, those fees are paid separately from the amount of compensation received, and thus the recovery is not reduced by legal fees and expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

Third, HHS is represented by lawyers from the Department of Justice (DOJ) who work on nothing but Vaccine Injury claims. When a claim is contested, the petitioner must prove the claim, and the DOJ lawyers will oppose the claim.  Proving entitlement can be very complicated, specialized, and time consuming.  It can also be very expensive.  Some cases require trying the case at an “entitlement hearing.” When the lawyer representing the petitioner has actually tried vaccine cases, the petitioner benefits from that experience by getting the best result possible.

Finally, even when a case is not contested, and the NVICP agrees to compensation, there will be a negotiation of the amount to be paid. Of course, the petitioner will want to recover the most the law will allow, and that is best done with a lawyer who is knowledgeable with the kinds of compensation awarded, and who is experienced in that settlement process.

Eighty percent of all claims which receive compensation do so by a negotiated settlement. This leaves 20% which are decided after some level of litigation.  Attorney, Richard Moeller tried his first Vaccine Injury case in 2004, and most recently in January 2016. Between then, we have been able to settle most cases, but the ability to litigate a claim all the way to an entitlement hearing is extremely important in maximizing a petitioner’s outcome because it can make a difference to the DOJ lawyers if they know the petitioner’s lawyer is willing to go to trial if necessary.

When we are contacted by a person who believes he, she, or a family member may have suffered a Vaccine Injury, we do not charge any fees to visit about the claim, or to investigate the claim, or to pursue the claim if it has a reasonable basis.  Also, we pay the expenses incurred to pursue the claim.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

What you should expect from a vaccine injury lawyer

Richard Moeller - Vaccine Injury AttorneyIf you have found information about SIRVA, vaccine injury, and the National Vaccine Injury Compensation Program “NVICP,” you know that there are many lawyers willing to help.  And maybe you have contacted some of them.  If so, hopefully they have told you what we will tell you…

  • Yes, we offer “free consultation” meaning we will visit with you about your situation at no cost to you.
  • Yes, when you send us a message about your situation, we will read it and respond to you within a day or two, and usually within a few hours. And we will try to set up a time to visit with you as soon as possible.
  • Yes, when we get together, in person or by phone, you will be visiting directly with a lawyer who has experience in vaccine injury cases
  • Yes, we will explain how the NVICP works, and what we can do to help you.
  • Yes, we will explain that, if we file a claim for you, we will pay the necessary costs and not charge you any fees for our services. And if you are entitled to compensation, those costs and fees will NOT be paid from the amount paid to you.
  • No, we will not, and cannot charge you a contingent fee for handling your case.

 

There are several lawyers who handle vaccine injury cases, and will do a great job.  We are confident our team at Vaccine Injury Pros are among them.  You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

Why you need to know about Vaccine Injury Compensation Program

If you or your child have ever received a vaccine, such as the normal childhood immunizations (DTaP, MMR, etc.), or the HPV vaccine (including Gardasil), or the seasonal flu vaccine, you may have been given an information sheet.  Those sheets include facts about the diseases being prevented by the vaccine, and possible side effects.

They also contain contact information about the National Vaccine Injury Compensation Program (VICP) for persons who believe they may have been injured by the vaccine.  It includes a link to the VICP website, which describes the program and how to file a claim.  There, you can learn that a claim is a very complicated process, and that most persons are therefore represented by lawyers.

The Program implemented plans in 2014 and 2015 to better promote public awareness of the VICP.  Still, most people have no idea that there is compensation available to them when they have an adverse reaction following a shot or immunization.  To make matters worse, just as often the physician, doctor, nurse, hospital, clinic, or pharmacy where they received the injection or where they are receiving treatment will not know about the VICP.

 

The importance of knowing about the VICP and contacting a lawyer is critical because there is a limited amount of time to file a claim, called a statute of limitation.  This means that as soon as a person shows the first sign or symptom of the reaction, they have three years to file a claim, or two years if the person dies from the reaction.  And it doesn’t matter if the person isn’t aware of the program or even if they are not told by their doctor that the condition they have may be from a vaccine.

Richard Moeller - Vaccine Injury Attorney

 

How can Vaccine Injury Pros help you? 

Because of the limited amount of time allowed for filing a claim, when we receive an email or call, we return that contact quickly to visit with you about the possibility that you may have a claim for compensation.  There is no fee involved then or at any time to talk about the claim, or for us to investigate the claim, or for us to pursue the claim.  Also, the firm pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge. And if the claim is paid, any legal fees and costs are paid separately from the amount the person receives, so that the recovery is not reduced by legal expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

You can contact us  for a FREE consultation about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

 

Things to Know when Hiring a Vaccine Attorney

If you are searching the internet for a lawyer to help with a reaction or side effect to a vaccination, your results may be flooded with attorneys and law firms promoting their ability to help you with your personal injury case. And eventually you will find that none of those lawyers fit what you are looking for.

This is because your situation involves a “Vaccine Injury,” an area of law much different than ordinary personal injury. And the differences between the two are like night and day.

The National Vaccine Injury Compensation Program (NVICP) is a federal program which compensates persons who experience a Vaccine Injury, which occurs when a child or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the NVICP. Claims for compensation to the NVICP are made to the U.S. Court of Federal Claims located in Washington, D.C., by filing a petition. Most “petitioners” are represented by lawyers who must be admitted to practice in the U.S. Court of Federal Claims.

If you asked a lawyer specializing in personal injury, he or she may not even be aware of the existence of the NVICP (even most doctors and hospitals are unaware). The lawyer may tell you that in order to recover for your injury,  you have to sue the pharmaceutical company who manufactured the vaccine, or the doctor, clinic, or pharmacy which administered it.  And they would probably be wrong. If the lawyer tells you they will represent you for a contingent fee, they would not realize that if recovery for a vaccine injury claim is allowed, the NVICP pays the lawyer, separate and apart from the person’s recovery.

If you think you may have suffered an injury from a vaccination, the most important thing to know is this: whether or not you choose us, you should contact a lawyer with experience in the NVICP.

You can contact us about a possible vaccine injury by visiting our Contact page. And you can learn more about the NVICP and our representation of persons with possible vaccine injury claims by visiting our website at Vaccine Injury Pros and other articles in our Blog. Our lawyers are also found at the Court’s list of Vaccine Attorneys, and on the Member Directory of the Vaccine Injured Petitioners Bar Association.