Unable to Sue Big Pharma, Vaccine Injury Victims Now Being Denied Legal Counsel in Vaccine Court

Unable to Sue Big Pharma, Vaccine Injury Victims Now Being Denied Legal Counsel in Vaccine Court

Congress authorized the payment of fees and costs to compensate attorneys that represented petitioners. Under the Vaccine Act, a special master who has awarded a petitioner “compensation” on a vaccine related claim “shall also award as part of such compensation an amount to cover . . . reasonable attorneys’ fees.” [3]

So who pays for the petitioner’s attorneys and medical experts? The Vaccine Injury Trust Fund.

In the beginning, the fees and costs were capped at $30,000.00.  The caveat is that the petitioner’s pain & suffering (P&S) was included with that total.

Can you imagine the consternation of a petitioner who suffered greatly from an injury, and the special master awards only $5,000.00 in P&S, because the attorney submitted a bill for $25,000.00 in fees and costs for legal representation in the NVICP?

Both the petitioner and their attorney suffered here.

Congressional action
Congress quickly addressed this issue and split fees and expenses from pain and suffering. And a cap of $250,000.00 was added to the P&S. Somehow that does not provide comfort to the hundreds of petitioners who sought compensation from the NVICP in the early years.

After addressing the issue of P&S damages, Congress went silent on addressing three big remaining issues regarding attorney fees.

One, what to do about cases that drag on for several years, some as long as 15 years. Should attorneys, who constantly work on behalf of their clients, wait until the case has been decided before getting reimbursed for many of the costs incurred including expensive medical experts?

Second, what to do with petitions that were filed correctly, in good faith and have a reasonable basis, only to be dismissed because of a statute of limitations that was determined after petition filing.

Much more at Vaccine Impact Unable to Sue Big Pharma, Vaccine Injury Victims Now Being Denied Legal Counsel in Vaccine Court

Fascism keeps on rising as the monopolistic corporations keep on forcing their ‘solutions’ on people, making vaccines mandatory, so that their profits can increase exponentially, while refusing to pay for the harm they cause.