Filing a Claim

While the Vaccine Injury Table may only list certain conditions and illnesses, it is still possible to seek and obtain compensation, even if your injury is not listed on the Vaccine Table. In this article, vaccine attorney Leah Durant explains how individuals may obtain compensation for shoulder injuries related to vaccine administration (SIRVA) and other vaccine injuries not listed on the Vaccine Injury Table.

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.

Can a state require my child to get a meningitis vaccine?

Bacterial meningitis is a highly-contagious, life-threatening condition easily spread between individuals living in close quarters (like dormitories). Historically, public universities and colleges mandated this under-studied vaccine for any new enrollee, and would decline admission to any student refusing to submit to the three-part series of inoculations.

How can my child recover damages for adverse effects caused by a vaccination?

Like many parents, Theresa and Lucas Black of Mooresville, North Carolina trusted that vaccinating their child would be safe. Days after her vaccinations, however, their three-month-old daughter suffered seizures that threatened her life. A Charlotte neurologist determined that the vaccine had caused encephalopathy. Years later, her brain injury left her profoundly disabled, unable to speak, and on a feeding tube.

Are there health risks associated with vaccines?

Recently, a study was released showing no connection between the MMR vaccine and autism. While there was no correlation found in this study, many safety advocates warn that these results do not tell the whole story. Administration of vaccines are not nearly as safe as most are led to believe, and doctors often fail to warn parents about the dangers.  Like any other medication, there exists the potential for side effects or allergic reactions.  In many instances, these are incredibly dangerous, or even deadly. 

How many vaccinations result in serious health problems?

The debate about the benefits of vaccinations weighed against the potential dangers has been discussed extensively, especially in the wake of the recent measles outbreak in several states. In February of this year, Dr. Bob Sears appeared on CNN to discuss the issue and stated that between 3,000 and 4,500 individuals suffer from serious reactions as a result of exposure to vaccines every year.  Dr. Sears appears to have exaggerated the numbers, but the fact remains that there are many reports of adverse reactions to vaccines every year that result in hospitalization, disability, or death.

Is there a way to receive compensation for vaccine related injuries?

Amy Witten-Smith could tell almost immediately after her son’s vaccination that something was wrong.  His skin was red, swollen, and hot to the touch at the injection site.  A few days later, he had hives, joint swelling and a fever.  Within a few weeks, he suffered his first seizure. Even though, at eighteen months, her son had been speaking in short sentences, suddenly he reverted to not speaking at all.  After he caught a cold, he also developed a tick in his eye.  He was diagnosed with autism, Tourette’s syndrome, obsessive-compulsive disorder, and mitochondrial dysfunction.  The doctors treating her son advised her that he was suffering from a rare reaction to the vaccines he received for diphtheria, whooping cough, and tetanus.

What is the National Vaccine Injury Compensation Program?

The great majority of Americans have been vaccinated at one time or another.  The purpose of vaccines are to boost immunity and to protect against disease.  Although vaccines have been proven safe, in rare instances some people may suffer adverse effects.  Although rare, vaccine injuries do occur, and when they do it is important to know that you have rights.

When we worry about the possible side effects of vaccines, we usually think of the dangers to children or to those in other vulnerable groups.  While it is rare, anyone can have an adverse reaction to a vaccine, as shown by a recent United States Court of Federal Claims case.

Individuals have been known to experience adverse reactions from their annual flu vaccines. One of the most common of these reactions is Guillain-Barre Syndrome, or GBS, but other types of adverse reactions can occur. GBS is a severe paralytic illness. Because it is administered annually, the flu shot is one of the most common vaccinations received in the United States. Although most people have only minor reactions, many people can be affected each year. The Law Offices of Leah V. Durant, PLLC, specializes in cases involving adverse reactions to flu vaccinations. Vaccine attorney Leah Durant understands how the flu shot can cause Gullain-Barre Syndrome and represents GBS clients in their cases before the Court of Federal Claims, all at no charge to the client. While GBS may be transient, it can be devastating to those who suffer from it. The Law Offices of Leah V. Durant PLLC, also represents those who suffer from the more chronic type of GBS, often referred to as Chronic Inflammatory Demyelinating Polyneuropathy, or CIDP. Those who suffer from CIDP face years of neurological symptoms with little relief. Vaccine Attorney Leah Durant focuses on GBS and CIDP cases and her legal fees and costs are paid by the court, not the client.

While vaccines are perfectly safe for most people, as with any drug, medication or medical procedure, there is always some degree of risk associated with vaccines, such as the possibility of allergy, more serious adverse reactions or even death. In most cases, the side effects associated with vaccines are mild and temporary, involving symptoms such as fatigue, dizziness, or slight soreness or irritation at the injection site.