2.5.3 Who may file a claim?
Description
This article is from the Childhood Vaccinations FAQ, by Lynn Gazis-Sax lynng@alsirat.com with numerous contributions by others.
2.5.3 Who may file a claim?
A claim may be made for any injury or death thought to be a result of
a covered vaccine. These injuries may include, but are not limited to:
anaphylaxis, paralytic polio, seizure disorders, and
encephalopathy. The injured individual may file; or a parent, legal
guardian, or trustee may file on behalf of a child or an incapacitated
person.
Claims need to be filed within 36 months after the first symptoms
appeared and show that effects have continued for at least 6 months
(in the case of vaccine related injuried) or be filed within 24 months
of the death and within 48 months after the onset of the
vaccine-related injury from which the death occurred. The time for
filing claims for injuries resulting from vaccines administered prior
to October 1, 1988, has expired.
The petitioner must either prove that the vaccine caused the injury or
significantly aggravated a preexisting condition, or the petitioner
must show that an injury on the Vaccine Injury Table occurred (most
claims involve "Table Injuries" because it is easier to demonstrate a
Table Injury than to prove that the vaccine caused the condition). A
modified Vaccine Injury Table is effective for claims filed on or
after March 10, 1995.
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