If I believe that the thimerosal (mercury) in a vaccine caused an injury or death, can I file a claim with the VICP?
For vaccines covered under the VICP, individuals alleging that the thimerosal in a vaccine caused an injury or death must first file a claim with the VICP before any civil litigation can be pursued according to section 2133 of the Public Health Service Act (42 U.S.C. 300aa-33(5)), a “vaccine-related injury or death” eligible for compensation under the VICP does not include an injury or death associated with an adulterant or contaminant intentionally added to a vaccine. Components, such as thimerosal, that are added to microorganisms to create vaccines cannot and should not be considered adulterants or contaminants. Instead, preservatives and components such as thimerosal should be considered one of several elements that comprise vaccines. The VICP has presented this argument to the Office of the Special Masters, United States Court of Federal Claims, however, the Court has not yet ruled on this issue. Because thimerosal is not an adulterant to or a contaminant of vaccines, individuals
Related Questions
- Can I file for a Death Claim if my spouse settled his/her case on a section 32 and has since passed away due to the injury/illness?
- If I believe that the thimerosal (mercury) in a vaccine caused an injury or death, can I file a claim with the VICP?
- Is it important to hire an attorney to file a car or truck accident injury claim?
