The Legal Journey

Navigating the National Vaccine Injury Compensation Program (VICP)

1. Filing the Petition

On December 29, 2017, we filed Case #17-2061V. This step initiates the legal process in the Court of Federal Claims. The petition alleges that the vaccinations Norah received (specifically MMRV) were the causal factor in her sudden passing.

2. The Government's Response

In May 2018, the Department of Health and Human Services (HHS) filed their "Rule 4 Report." In this report, the government typically concedes or denies the claim. In our case, they questioned the link, leading to a protracted legal battle involving expert medical reports and counter-arguments.

3. The Waiting Game

What follows is years of "status conferences" and waiting. Families are often left in limbo while experts debate medical mechanisms. For Norah, we are fighting to prove that the immune stimulation from the vaccines triggered a reaction that led to her death.

Why Reform is Needed

The VICP was designed to be a "no-fault, non-adversarial" alternative to suing pharmaceutical companies. However, in practice, it has become highly adversarial and incredibly slow.

  • Delays: Families wait years for a hearing.
  • Standard of Proof: The burden of proof is often impossibly high for rare or under-researched reactions.
  • Transparency: Much of the process happens behind closed doors.