While getting vaccinated is uncomfortable, for most people the pain goes away. Each year, millions of Americans receive immunizations with no serious side effects or long-term injuries. However, for some vaccine recipients, the pain does not go away. Instead, it gets worse, and soon other symptoms set in that make it difficult or impossible to live a normal and comfortable life.
The National Vaccine Injury Compensation Program (VICP) pays hundreds of millions of dollars each year to individuals and families who are suffering due to the effects of vaccine injuries. These injuries result from all types of vaccinations, including the flu shot, TDAP and other CDC-recommended vaccines. In fact, although all CDC-recommended vaccines are generally considered safe, the CDC also warns that “[a]ny vaccine can cause side effects.” While most of these side effects are minor, unfortunately, some vaccine recipients suffer debilitating and life-altering injuries.
Learn More About Vaccine Injuries Linked to Common Vaccinations
- Guillain Barre Syndrome (GBS)
- Shoulder Injury Related to Vaccine Administration (SIRVA)
- Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
- Acute Disseminated Encephalomyelitis (ADEM)
- Transverse Myelitis
- Brachial Neuritis
- Idiopathic Thrombocytopenic Purpura (ITP)
- COVID-19
- Intussusception
- Neuromyelitis Optica
- Complex Regional Pain Syndrome
- Bell’s Palsy
- Polymyalgia Rheumatica
- Anaphylaxis
Understanding the Warning Signs of a Vaccine Injury
Most types of vaccine injuries have similar symptoms, and certain types of injuries (including GBS and SIRVA) have many different variants. However, treatment options can vary significantly, so it is imperative that anyone who is concerned about a possible vaccine injury seek a medical diagnosis promptly. In addition to severe pain – which is common among all types of vaccine injuries – some of the other symptoms that can suggest a potentially-serious vaccine injury include:
- Difficulty sleeping
- Difficulty talking, eating or swallowing
- Fatigue
- Fever
- Limited mobility
- Limited range of motion
- Loss of balance or difficulty walking steadily
- Muscle weakness
- Numbness
- Tingling or “prickling” sensations
This list is not exhaustive, and obtaining an accurate diagnosis is critical to recovery. In addition, in order to file a claim under the VICP, vaccine recipients must also file medical evidence to show that their injury:
- Has lasted for more than six months following their vaccination; or,
- Required inpatient hospitalization and surgical treatment.
If you or a member of your family has experienced a vaccine injury that meets either of these criteria, then you should speak with a vaccine injury lawyer about filing a claim under the VICP.
Seeking Financial Compensation for a Vaccine Injury
Congress established the National Vaccine Injury Compensation Program in 1988 in order to provide a source of financial recovery for individuals and families diagnosed with vaccine-related injuries and illnesses. The VICP is funded by a tax on vaccines, and to date it has paid more than $3.8 billion to successful claimants.
The most-common vaccine injuries are listed on the Vaccine Injury Table, and this table specifies different onset periods for different injuries. Examples include:
- Anaphylaxis resulting from any “on-table” vaccination: No more than four hours after the vaccine.
- Brachial neuritis resulting from a tetanus vaccine: Two to 28 days.
- GBS resulting from the flu shot: Three to 42 days.
- IPT resulting from an MMR vaccine: Seven to 30 days.
- SIRVA resulting from any “on-table” vaccination: No more than 48 hours.
For most non-fatal vaccine injuries, claimants must file within three years of the first onset of symptoms. For fatal vaccine injuries, the statute of limitations is two years from the date of death.
Benefits of Hiring a Vaccine Injury Lawyer
In order to file a claim under the VICP, you do not need to hire a vaccine injury lawyer. However, there are several reasons to do so. Some of the key benefits of hiring a lawyer to file your VICP claim include:
Satisfying the Filing Requirements
There are numerous technical requirements for filing a VICP claim, and failure to satisfy all of these requirements can result in your claim being denied regardless of its merits. An experienced vaccine injury lawyer will be able to make sure that your case gets to the U.S. Court of Federal Claims (also known as the “Vaccine Court”).
Calculating Your Financial Recovery
Under the VICP, injured vaccine recipients are entitled to compensation for their current and future medical expenses, loss of income, pain and suffering, and certain other losses. Hiring an experienced attorney is the only way to make sure that you are truly seeking “just” compensation for your injury-related losses.
Negotiating a Settlement
Like other types of lawsuits, most VICP claims settle. Settling is the most efficient way to resolve your claim. However, in order to settle: (i) you need to know what your claim is worth; and, (ii) you need to be able to negotiate effectively with the U.S. Department of Justice (DOJ) lawyers representing the government in your case.
Taking Your Claim to the Vaccine Court
If settling is not in your best interests, then you will need to take your VICP claim to court. The Vaccine Court is located in Washington, D.C., just blocks from our firm's offices.
No-Cost Legal Representation
Under the terms of the VICP, claimants are entitled to no-cost legal representation. In all cases, claimants' legal fees are paid separately from their awards of financial compensation. As a result, hiring an experienced vaccine injury lawyer can come at little or no out-of-pocket cost to you.
Have You or a Loved One Been Diagnosed with a Vaccine Injury? Contact The Law Offices of Leah V. Durant & Associates
If you or a loved one has been diagnosed with a vaccine injury, we invite you to contact us for a free, no-obligation consultation. To speak with a vaccine injury lawyer in confidence, call us at 202-775-9200 or inquire online today. We handle VICP claims in all 50 states.
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