National Vaccine Injury Compensation Program

National Vaccine Injury Compensation Program (NVICP) is a federal program in the United States that provides compensation to people who are injured by vaccines. The program was established by the National Childhood Vaccine Injury Act of 1986, in response to a wave of lawsuits against vaccine manufacturers and healthcare providers. The NVICP is funded by an excise tax on each dose of vaccine that is sold.

History

The National Childhood Vaccine Injury Act of 1986 established the NVICP as a no-fault alternative to the traditional tort system for resolving vaccine injury claims. The Act was passed in response to a perceived crisis in vaccine supply due to a wave of lawsuits against vaccine manufacturers and healthcare providers. The NVICP was designed to ensure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines.

Process

The NVICP uses a no-fault system for resolving vaccine injury petitions. This means that compensation is provided to individuals who are injured by vaccines, regardless of whether the vaccine manufacturer or healthcare provider was negligent. The process begins when a petition is filed with the United States Court of Federal Claims. The petition is then reviewed by a court-appointed special master, who makes an initial decision on whether compensation should be awarded.

Compensation

The NVICP provides compensation for medical and legal expenses, loss of future earning capacity, up to $250,000 for pain and suffering, and a death benefit of up to $250,000. The program also covers the cost of the vaccine itself and any related medical care. However, the NVICP does not cover punitive damages.

Criticism

The NVICP has been criticized for being too complex and difficult to navigate, particularly for individuals without legal representation. Critics also argue that the program is biased in favor of vaccine manufacturers and against individuals who claim to have been injured by vaccines.

See also

• Vaccine court
• Vaccine Adverse Event Reporting System
• Vaccine injury table
• Vaccine controversy

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  United States Court of Federal Claims