Vaccines are meant to keep children safe from dangerous diseases and illnesses. For the most part, these vaccines are safe, but occasionally a child will have a bad reaction to a vaccine, and become sick, permanently injured, or worse. Congress enacted the National Childhood Vaccine Injury Act (NCVIA) to stabilize the vaccine market and facilitate compensation for injuries as a result of vaccines. Under NCVIA, children injured by vaccines administered after October 1, 1988 are required to file a petition with the Department of Health and Human Services for compensation as a prerequisite to filing a civil action. Additionally, under the Act, after October 1, 1988, no person may bring a civil action for damages against a vaccine administrator or manufacturer in an amount greater than $1,000, or in an unspecified amount, in either state or federal court, for damages arising from a vaccine-related injury or death, and no such court may award damages in an amount greater than $1,000 in such an action, unless:
A petition has been filed for compensation under the National Vaccine Injury Compensation Program, administered by the Federal Department of Health and Human Services;
The United States Court of Federal Claims has issued a judgment on such petition; andThe petitioner elects to file such an action.
Unlike in tort actions, claimants under the NCVIA are not required to show that the administered vaccine was defectively manufactured, labeled, or designed. Additionally, the NCVIA preempts all design defect causes of action against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death due to the vaccine's side effects.
If your child is injured due to a side effect of a vaccine you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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