National Vaccine Injury Compensation Program

The Law Offices of Leah V. Durant, PLLC secures $133,106.00 on behalf of a client who suffered a shoulder injury after receiving the annual flu vaccine.  Read more to learn whether you may be entitled to compensation under the National Vaccine Injury Compensation Program.

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.

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.

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.

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.

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.

What is the AMA’s stance on opting out of routine vaccinations for newborns and children?

In June, 2015, the American Medical Association took an official stance on the notion of parents conscientiously opting out of the traditional vaccine schedule. While this is not necessarily surprising, it could trigger a ripple effect against the informed vaccination rights many advocates have worked so hard to establish – particularly if state legislatures place great weight on this group’s position.

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.