The flu shot can cause a variety of side effects. It is also known to cause serious complications in a small percentage of cases. When flu shot recipients experience serious complications, they (or their families) will often be eligible to file claims under the National Vaccine Injury Compensation Program (VICP). Learn more from national vaccination attorney Leah V. Durant:

Common Side Effects of the Annual Flu Shot

Like all vaccines, the annual flu shot has a list of common side effects. As the U.S. Centers for Disease Control and Prevention (CDC) explain, “[f]or the most part these are minor . . . and go away within a few days.” As identified by the CDC, common side effects of the flu shot include:

  • Soreness, redness and swelling at the injection site
  • Fever
  • Muscle aches
  • Headaches

Generally speaking, these side effects are to be expected, and they do not provide grounds to file a claim under the VICP. It is when the unintended effects of a flu shot are more serious that recipients (or their families) may have grounds to take legal action.

Potentially Serious Complications Linked to the Annual Flu Shot

While minor side effects are to be expected (and will typically go away on their own), serious complications are both rarer and more costly. Symptoms that go beyond the side effects listed above may be signs of a potentially serious complication—and they will warrant medical attention in most cases. Symptoms such as severe pain, reduced range of motion, difficulty breathing, and sudden changes in blood pressure after a flu shot may be indicative of complications including:

Flu shots can potentially lead to other complications as well—and, when symptoms initially appear, it can often be difficult to tell whether medical attention is warranted. When in doubt, it is always best to see a doctor. If your doctor diagnoses you with a serious complication (or if a doctor diagnoses your loved one with a serious complication), you will also want to speak with a vaccination attorney about your legal rights.

Your Legal Rights When Dealing with Complications from a Flu Shot

Individuals and families who are coping with the effects of flu shot complications have clear legal rights under the National Vaccine Injury Compensation Program (VICP). The VICP covers all flu shot-related medical conditions, and it provides compensation for eligible claimants’ present and future:

  • Medical bills
  • Other out-of-pocket costs
  • Lost earnings
  • Pain and suffering (up to $250,000)

Even though the VICP is a federal government program, seeking compensation under the VICP is not a simple or straightforward process. It involves filing a petition in the Vaccine Court (the U.S. Court of Federal Claims in Washington D.C.); and, as the U.S. Health Resources & Services Administration (HRSA) notes, “[b]ecause this is a legal process, most people hire a lawyer.”

While filing a petition in the Vaccine Court is the first formal step in the process, there are several preliminary steps involved in preparing to file a claim under the VICP. When you hire an experienced vaccination attorney to handle your flu shot claim, your attorney will assist you with taking these steps, including:

  • Making sure you meet the eligibility criteria to file a VICP claim (including that you still have time to file);
  • Making sure you have adequate documentation of your (or your loved one’s) vaccination, diagnosis and medical care;
  • Determining the long-term financial costs of your (or your loved one’s) diagnosis; and,
  • Determining what constitutes “just compensation” for your (or your loved one’s) pain and suffering.

After taking these preliminary steps, your attorney will then file your VICP claim on your behalf. Once your attorney has filed your claim, your attorney will then take steps including:

  • Responding to any questions regarding the validity of your claim;
  • Working to secure a stipulation from the government that you are eligible for financial compensation;
  • Working to negotiate a settlement that provides just compensation for your (or your loved one’s) complication from the flu shot; and,
  • If necessary, fighting for just compensation in the Vaccine Court.

As your vaccination attorney takes these steps on your behalf, your attorney will also keep you up-to-date and informed throughout the process. If a settlement offer is on the table, your attorney will help you make an informed decision about whether to accept. Your attorney will also remain available to answer any questions you may have along the way. If you have a VICP claim for a serious complication from the annual flu shot, there are several important ways an experienced vaccination attorney will be able to help you, and we strongly recommend seeking legal help with your claim.

Do You Have a VICP Claim for a Serious Complication from the Annual Flu Shot?

With all of this in mind, do you have a VICP claim for a serious complication from the annual flu shot?

If you or a loved one has recently been diagnosed with anaphylaxis, CRPS, GBS, SIRVA or any other serious medical condition linked to an influenza immunization, the answer could be “Yes.” It will be worth speaking with a vaccination attorney to learn more. At Law Offices of Leah V. Durant & Associates, we handle all VICP claims at no cost to our clients, and we are more than happy to help you make an informed decision about whether to pursue a claim under the National Vaccine Injury Compensation Program (VICP).

Request a Free, No-Obligation Consultation with National Vaccination Attorney Leah V. Durant

If you need to know more about filing a VICP claim for a serious complication from the annual flu shot, we invite you to get in touch. We can explain everything you need to know and help you make informed decisions about your next steps. To request a free, no-obligation consultation with national vaccination attorney Leah V. Durant, please call 202-775-9200 or get in touch online today.