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Leah Durant | Vaccine Attorney - Vaccine Blog

Tuesday, December 22, 2020

How Do You Prove a Vaccine Injury?

In comparison to the number of vaccines administered in the United States each year, the number of vaccine injuries is extremely small. However, vaccine injuries do occur; and, if you believe that your medical condition may be the result of an adverse reaction or a vaccination error, it will be important for you to seek help promptly. Not only do you need to seek treatment, but you will need to speak with a vaccine attorney about securing payment under the National Vaccine Injury Compensation Program (VICP) as well.

3 Key Factors for Proving a Vaccine Injury

When seeking compensation under the VICP, you need to be able to prove that you have experienced a vaccine injury. This involves three key factors:

1. The Timing of Your Symptoms (or “Manifestation of Onset”)

The first aspect of proving a vaccine injury involves linking your medical condition to your vaccination. In order to do this, the VICP focuses on the timing of the, “first symptom or manifestation of onset or significant aggravation after vaccine administration.”

In other words, you need to be able to prove that you started experiencing symptoms within a certain amount of time after your vaccination. This timeframe is different for different vaccines, as outlined in the VICP’s Vaccine Injury Table.

2. Your Doctor’s Diagnosis of Your Injury

In addition to proving when your symptoms began, you also need to prove that you have experienced a qualifying vaccine injury. This means that you need to obtain a timely diagnosis from your doctor. You should explain your symptoms to your doctor in detail, tell your doctor about your recent vaccination, and answer your doctor’s questions to the best of your ability.

When seeking compensation under the VICP, your medical records will be important evidence in support of your claim. The more clearly your records link your injury to your vaccination, the less challenges you will face in proving that you qualify to receive compensation under the program.

3. The Financial and Non-Financial Costs You Have Incurred (and Will Incur in the Future)

The final aspect of proving a vaccine injury involves proving how your injury has impacted your life. Many types of vaccine injuries can have significant and long-term effects, and the costs associated with these injuries can be substantial. The National Vaccine Injury Compensation Program provides compensation for the financial (i.e. medical bills and lost wages) and non-financial (i.e. pain and suffering) costs associated with vaccine injuries, and you will need to work with an experienced vaccine attorney to make sure you seek the full compensation you deserve.

Are You Entitled to Compensation for Your Vaccine Injury? Schedule a Free Consultation Now

Are you entitled to financial compensation for a vaccine injury? Schedule a free consultation to find out. To speak with national vaccine attorney Leah V. Durant about your legal rights in confidence, call us at 202-800-1711 or tell us about your claim online today. We provide no-cost legal representation for VICP claims in all 50 states.

 

Leah Durant Bio

Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.


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