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Leah Durant | Vaccine Attorney - Vaccine Blog

Monday, November 1, 2021

When Can You File a Vaccine Injury Claim for Guillain-Barre Syndrome (GBS)?

Guillain-Barre Syndrome (GBS) is a rare autoimmune disorder with no known cause and no known cure. However, medical science has established a link between Guillain-Barre Syndrome and certain vaccinations, and many vaccine recipients have succeeded in recovering financial compensation for GBS under the National Vaccine Injury Compensation Program (VICP). In this article, vaccine injury lawyer Leah V. Durant explains what individuals who have been diagnosed with GBS need to know about filing a VICP claim.

When is GBS Considered a Vaccine Injury?

There are two circumstances in which Guillain-Barre Syndrome will be considered a vaccine injury. First, we will cover vaccine injury claims involving the flu shot. Then, we will cover claims involving other vaccines (primarily DTaP, DTP, DT, Td and TT):

GBS Linked to the Flu Shot

Under the VICP, Guillain-Barre Syndrome is what is known as an “on-table” injury for the annual flu shot. The Vaccine Injury Table lists the vaccines that are covered under the VICP, and it identifies certain medical conditions as “on-table” injuries. When a medical condition is listed as an “on-table” injury for a particular vaccine, this means that the condition is presumed to be vaccine-related if a patient’s symptoms onset within the time period specified by the Vaccine Injury Table.

For Guillain-Barre Syndrome to qualify as an “on-table” injury for the flu shot, symptoms must onset between 3 and 42 days following vaccination (as is typically the case). If the “on-table” presumption applies, this means that an individual who has been diagnosed with GBS can file a claim without additional proof that their vaccination is responsible for their diagnosis.

GBS Linked to Other Vaccines

In addition to the annual flu shot, medical science has also established a strong link between Guillain-Barre Syndrome and vaccines containing the tetanus toxoid. This includes the DTaP, DTP, DT, Td and TT vaccines. However, GBS is not currently an “on-table” injury for these vaccinations.

Even so, it is still possible to file a successful VICP claim for GBS resulting from a tetanus vaccine—and we have successfully filed these types of claims. Since the “on-table” presumption does not apply, securing financial compensation in this scenario requires additional evidence of a link between a person’s vaccination and their diagnosis.

Additional Requirements for Filing a VICP Claim for GBS

In addition to establishing the “on-table” presumption or otherwise establishing a link between a person’s GBS and their vaccination, there are other requirements for filing a VICP claim as well. For example, all non-fatal vaccine injury claims are subject to a three-year statute of limitations. VICP claimants must also be able to prove how much they are entitled to recover for their medical bills, lost wages, and pain and suffering. For more information about the requirements for filing a vaccine injury claim, you can read our VICP FAQs.

Speak with a Vaccine Injury Lawyer about Filing a VICP Claim for Guillain-Barre Syndrome

If you need to know more about filing a VICP claim for Guillain-Barre Syndrome, we encourage you to get in touch. To schedule a free, no-obligation consultation with vaccine injury lawyer Leah V. Durant, please call 202-800-1711 or inquire online today.

 

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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