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Leah Durant | Vaccine Attorney - Vaccine Blog

Tuesday, March 1, 2016

How to Obtain Compensation Under VICP When Your Injury Is Not Listed on the Vaccine Injury Table

While the Vaccine Injury Table may only list certain conditions and illnesses, it is still possible to seek and obtain compensation, even if your injury is not listed on the Vaccine Table. In this article, vaccine attorney Leah Durant explains how individuals may obtain compensation for shoulder injuries related to vaccine administration (SIRVA) and other vaccine injuries not listed on the Vaccine Injury Table.

What to Do if Your Vaccine Injury Is Not Listed on the Vaccine Injury Table?

The Vaccine Injury Table provides a list of illnesses, injuries, and conditions associated with vaccines that are covered under the National Vaccine Injury Compensation Program.  If, however, your reaction or illness is not listed on the Vaccine Injury Table, or if the injury you sustained fails to meet requirements established by the Table, you may still be entitled to compensation. 

In fact, the Law Offices of Leah V. Durant, PLLC regularly helps clients who have suffered “off table” injuries obtain compensation for their pain and suffering, out of pocket expenses, and other financial losses.

The Difference Between Seeking Compensation for Table and Off Table Injuries

The difference between seeking compensation for on Table and Off Table Injuries lies in the burden of proof.

Pursuant to the laws governing the Vaccine Injury Compensation Program, when an individual suffers a on table vaccine-related injury within the timeframe specified on the Vaccine Injury Table, the vaccine’s causation of their injury is “presumed.”  In other words, in such cases, the injured party or petitioner is not required to prove that the vaccine caused the injury that he or she sustained.   

Why Aren’t Certain Injuries Listed on the Vaccine Injury Table?

The Vaccine Injury Table is intended to streamline the process of seeking compensation for individuals who have suffered injuries that are commonly linked to certain vaccinations.  There are some injuries under consideration for addition to the Vaccine Injury table such as; Guillain Barre Syndrome, which can result following receipt of the flu vaccination.  Another proposed addition to the Vaccine Injury Table is shoulder injury related to vaccine administration ( or SIRVA).  These proposed Table changes are still under consideration, with public comments having concluded at the end of January, 2016.   

Contact Vaccine Attorney Leah Durant to Discuss Your Vaccine Injury Today

At Law Offices of Leah V. Durant, PLLC, our practice focuses exclusively on representing clients before the U.S. Court of Federal Claims, who have been injured by vaccines.   Our firm has successfully represented clients in numerous actions for both table and off table vaccine injuries. If you or a loved one has suffered shoulder pain or injury following vaccination, frozen shoulder, adhesive capsulitis, Guillain Barre, or any other type of injury following receiving a vaccine, contact the Law Offices of Leah V. Durant, PLLC to schedule a free consultation today.


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