Leah Durant | Vaccine Attorney - Vaccine Blog

Can I be compensated for my vaccine-related injury?

The short answer to that question is yes. The administration of the vaccine can cause injuries which are not related to the contents of the vaccine itself.

In the American vaccination landscape, many wrongfully believe that only children are subject to the mandates of the “standard” inoculation schedule. However, as lawmakers in California recently decided, adults employed in certain industries are also required to submit to the state’s predetermined routine. In other words, their employment depends upon meeting the vaccination requirement.

A recent California Law has outlawed a family’s personal and religious beliefs as reasons for refusing to vaccinate their child. The law requires that children enrolling in daycare or school be immunized against diseases such as measles and whooping cough. The only exemption to the requirement is for children with certain medical problems, including certain immune system deficiencies. If parents refuse to vaccinate their child, he or she loses the right to attend school or daycare and instead is relegated to a home-based private school or a public independent study program off campus.

The National Vaccine Injury Compensation Program (VICP) provides an opportunity for individuals who have suffered complications from vaccinations to recover financial compensation without the need to prove that someone else is liable for their injuries. The Vaccine Injury Table identifies specific circumstances when compensation is available under the VICP. But, in many cases, victims can seek compensation for complications not listed on the Vaccine Injury Table as well.

Can you be compensated for SIRVA?

It seems simple -- your doctor recommends that you get the flu shot this fall before flu season is in full swing. You receive the shot and all is well, right? Wrong. First of all, the flu shot only protects against certain strains of the flu, so you may still get sick from one of the strains that is not covered by the vaccine. Second, as with any vaccine, you may end up suffering from a serious injury to your shoulder. Fortunately, the vaccine court has been handing out higher awards recently to those who have suffered shoulder injury related to vaccine administration (SIRVA).

Vaccinations for diseases and infections such as chickenpox, flu, Hepatitis B and HPV play an important role in today’s society. Unfortunately, many vaccines carry their own risks for serious injuries and complications. In this article, we highlight some of the risks associated with America’s most common vaccinations.

How to Recognize the signs of a vaccine injury and when to seek legal help with no financial cost to you.

Under current laws, the decision to exempt one’s child from the rigid and questionably-safe recommended vaccination schedule is to be kept confidential and personal. However, if Centers for Disease Control and Prevention (CDC) has its way, public schools will be required to publicly reveal this information to all parents and guardians with children enrolled in a particular district – a maneuver that, depending upon your viewpoint, provides necessary health information or is calculated to bring shame and public ridicule upon parents choosing to forego vaccinating their children.

Years ago, the federal government set up a trust containing funds earmarked for those injured by vaccines. The fund, known as the Vaccine Injury Compensation Trust Fund, is seen by many as government confirmation that vaccines do indeed cause physical harm to children and adults – and victims should be compensated accordingly. As one congressman recently asserted, there may be more to the story than meets the eye (and the media).

Vaccine exemptions are a hot-button topic across the United States, and many jurisdictions have opted to uphold and fortify the notion that parents are in the best position to decide whether their child should receive vaccinations. Some states, however, have worked to whittle away at the exemptions historically offered to skeptical parents, and have essentially forced families to undergo vaccination regiments in order to enroll in public school.

One of the primary functions of the immune system is to distinguish between the body and foreign agents, keeping the individual healthy and strong while at the same time attacking and destroying outside invaders.  Guillain-Barre syndrome (or GBS) is an autoimmune disease that occurs when the body’s immune system malfunctions and begins attacking its own nervous system. In patients diagnosed with GBS, the myelin sheath that covers the nerves and assists with signal transmission is attacked during a process called demyelination. Unlike Chronic Inflammatory Demyelinating Polyneuropathy (or CIDP), the chronic form of the disease, GBS presents quickly and is frequently followed by some sort of infection or illness, and in some cases follows administration of a flu shot.  GBS following flu vaccination is marked by tingling and weakness in the arms and legs.  If left undiagnosed and untreated, severe forms of GBS may lead to whole body paralysis, hospitalization, or even death.