The Office of Special Masters of
the United States Court of Federal Claims, or as it is commonly referred to as
the “Vaccine Court”, has been in the news recently. This little-known Court
handles all vaccine-related injury claims in the United States. Created in
1986, the Court is tasked with finding if an injury is related to a vaccine,
and then determining the amount of compensation.
The process was intended to be
more non-adversarial than our traditional civil courts, but in practice, it
mirrors our civil courts more than it should. A petitioner’s burden of proof is
a ‘preponderance of the evidence’ standard- meaning it is more likely than not that
the vaccine caused the claimed injury. Getting a medical professional to testify
to this is often difficult.
NPR this month published two
pieces on the Court and the hardships faced for those who are not afforded justice.
Receiving just compensation for injuries is a steep mountain to climb for those
who are injured.
Booth Samuels is admitted to
practice in the Federal Claims Court where he handles vaccine-related injury
cases. If you or a loved one were injured by a vaccine, please contact him for
a case evaluation toll-free at 1-866-515-8880, or by email at booths@pittmandutton.com.
