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Leah Durant | Vaccine Attorney - Vaccine Blog

Thursday, August 25, 2022

When Can You File a Vaccine Injury Claim for Bell’s Palsy?

Vaccines including the annual flu shot, hepatitis B vaccine, HPV vaccine and meningococcal vaccine are known to cause Bell’s palsy in a small percentage of cases. While rare, Bell’s palsy caused by a vaccine can potentially have serious and long-term health consequences. When this happens, vaccine recipients and families affected by Bell’s palsy can seek compensation under the National Vaccine Injury Compensation Program (VICP).

Eligibility Requirements to File a VICP Claim for Bell’s Palsy

To obtain compensation for Bell’s palsy under the VICP, vaccine recipients and families must meet four basic eligibility requirements. These requirements are:

1. Receipt of a Covered Vaccine

The National Vaccine Injury Compensation Program only pays compensation to individuals and families who have been affected by “covered vaccines.” These are the vaccines listed on the Vaccine Injury Table. The annual flu shot, hepatitis B vaccine, HPV vaccine and meningococcal vaccine are all covered vaccines under the VICP.

2. Causation

Bell’s palsy is what is known as an “off table” injury. This means that it is not listed on the Vaccine Injury Table. However, it is still possible to file a successful VICP claim for Bell’s palsy. The key differentiator between “on table” and “off table” injuries is that claimants must prove causation in “off table” cases. Generally speaking, proving that Bell’s palsy was caused by a vaccine involves seeing a doctor for treatment as soon as possible.

3. Significant Injury

The VICP only covers injuries that (i) last for more than six months, (ii) require inpatient hospitalization or surgical intervention, or (iii) result in death. Thus, minor cases of Bell’s palsy generally are not covered. However, if a vaccine recipient experiences blindness, permanent facial nerve damage, or any other long-term effects of Bell’s palsy, then the vaccine recipient should be eligible to receive compensation.

4. Timeliness

The final basic eligibility requirement is timeliness. In non-fatal injury cases, claimants must file their petitions under the National Vaccine Injury Compensation Program within three years of the first symptom or other “manifestation of onset” of injury.

In addition to proving their eligibility, VICP claimants must also prove how much they are entitled to recover. Under the VICP, eligible vaccine recipients and family members can file claims to recover compensation for their current and future medical expenses, loss of income, and pain and suffering.

Note: The information on this page does not apply to COVID-19 vaccines. Individuals who are diagnosed with Bell’s palsy following the receipt of a COVID-19 vaccine are not eligible to file VICP claims but must instead seek compensation under the Countermeasures Injury Compensation Program (CICP).

Request a Free Consultation about Your Bell’s Palsy Claim Under the VICP

If you need to know more about filing a claim under the National Vaccine Injury Compensation Program for Bell’s palsy caused by a vaccine, we invite you to schedule a free consultation. To discuss your legal rights with attorney Leah V. Durant in confidence, please call 202-800-1711 or tell us how we can reach you 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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