Attorney’s fees and costs are paid separately out of the same Vaccine Injury Fund from which awards of compensation are paid, so you don’t have to pay your Vaccine Injury Attorney with your own money. The Vaccine Injury Attorney’s fees and costs do not come out of the award of compensation for your vaccine injury. Attorney’s fees are paid out of the Fund whether you are successful in your claim or not.
The Department of Health and Human Services (HHS) acts as the defendant in these cases. It is represented by Department of Justice (DOJ) attorneys throughout the process. HHS reviews the petition and decides whether to dispute your claim that the vaccine caused the injury or to concede that the vaccine was responsible. If HHS concedes that the vaccine caused the injury, the next step is to determine the value of the damages. If this cannot be agreed on there is a trial (called a hearing) on the topic of damages before the Special Master.
If HHS does not concede, there is an initial trial (called a hearing) on the issue of whether the vaccine caused the injury. The trial is typically held at the nearest federal courthouse to where you live.
You may testify and so may some of your family or friends. It may be helpful to have your doctor or doctors testify. An expert physician or expert physicians hired on your behalf will testify about how the vaccine caused the injury. Then at least one Health and Human Services expert witnesses will likely testify as to why the vaccine did not cause the injury. Following this the Special Master will decide whether the vaccine caused the injury. If the Special Master decides in your favor, then we go on to the issue of damages. If we cannot agree with HHS as to the value of the damages, we will have a second trial to determine the amount of the compensation.
I used Howard towards the end of 2019 and could not have been happier with the service I received (which is why i made sure to come back and write a review). Very personable, knowledgeable and attentive. I would highly recommend him
I just wanted to thank you for all your help! I really appreciate all you did to assist me throughout the entire process. It was very comforting to know you were handling all the legal work that to me looked like a foreign language!
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