Brachial neuritis is a type of nerve injury that has been linked to the tetanus shot. It is considered a form of shoulder injury related to vaccine administration (SIRVA), which is a class of injuries caused by errors during the immunization process.

If you have been diagnosed with brachial neuritis after getting a tetanus shot, you should speak with a vaccine injury attorney about your legal rights. Brachial neuritis can be costly, and vaccine recipients who have been diagnosed with this condition (among others) will be entitled to financial compensation in many cases.

Understanding Your Rights After a Brachial Neuritis Diagnosis Linked to a Tetanus Shot

So, what are your legal rights if you were diagnosed with brachial neuritis after a tetanus shot? Understanding your legal rights starts with understanding the options you have available. In the vast majority of cases, seeking financial compensation for a vaccine-related injury involves filing a claim under the National Vaccine Injury Compensation Program (VICP).

The National Vaccine Injury Compensation Program (VICP)

The National Vaccine Injury Compensation Program is a federal government program that provides a way for individuals who have been diagnosed with vaccine-related injuries to recover their losses without filing a traditional lawsuit. Outside of the VICP, seeking just compensation for a medical mistake typically involves filing a medical malpractice claim. The healthcare provider’s insurance company will defend the claim by all means available, and if it refuses to offer a fair settlement, the only remaining option is to go to trial.

VICP claims are different. The VICP covers injuries from tetanus shots (and the other vaccines listed on the Vaccine Injury Table)—and it provides coverage to eligible vaccine recipients on a “no-fault” basis. This means that you do not need to be able to prove that your healthcare provider made a mistake that rises to the level of medical malpractice. If you first experienced symptoms of brachial neuritis between two and 28 days after receiving a tetanus shot, this is all you need to prove in order to file a claim under the VICP.

Your Legal Rights Under the VICP

With this in mind, when talking about your legal rights after being diagnosed with brachial neuritis linked to a tetanus shot, we can focus specifically on your rights under the VICP. These rights include:

1. The Right to File a Claim Without Proof of Fault

The right to file a claim without proof of fault is a key aspect of the National Vaccine Injury Compensation Program. While proof of fault is necessary when filing a medical malpractice claim against a healthcare provider, it is not necessary when filing a claim under the VICP.

2. The Right to Just Compensation for the Financial Costs of Your Diagnosis

If you have a VICP claim for brachial neuritis linked to a tetanus shot, you are entitled to just compensation for the financial costs of your diagnosis. This includes your past, present and future medical bills, lost earnings and other out-of-pocket costs. Vaccine injuries can prove incredibly expensive, and making sure you have the financial resources to cover your costs will be important for your financial stability and your physical and psychological wellbeing.

3. The Right to Just Compensation for the Non-Financial Costs of Your Diagnosis

In addition to financial costs, the VICP pays just compensation for certain non-financial costs as well. These include the pain and suffering caused by brachial neuritis. Many people experience severe pain for months (if not longer) as a result of their diagnoses, and this is also considered a “cost” that claimants are entitled to recover.

4. The Right to Have Your Claim Evaluated on Its Merits

When you file your VICP claim, the federal government will evaluate your claim on its merits. If the government attorneys who handle VICP claims determine that you qualify for compensation under the program, then there is a reasonable chance that your claim will settle without going to court. If you do not receive a settlement offer (or are not satisfied with the government’s offer), then you can take your claim to a hearing to have a Special Master render an unbiased decision.

5. The Right to Hire a Vaccine Injury Attorney at No Cost

Under the terms of the National Vaccine Injury Compensation Program, you can hire a vaccine injury attorney to represent you at no cost. The VICP pays claimants’ legal fees separately from their awards of financial compensation. Thus, you pay nothing out of pocket, and if you win, your legal fees are not deducted from your award.

Protecting Your Legal Rights When You Have a VICP Claim for Brachial Neuritis

If you have a VICP claim for brachial neuritis linked to a tetanus shot, you must be careful to protect your legal rights. To make sure you are able to file a claim under the VICP, you should:

  • Seek a Diagnosis Promptly – If you have not yet had your brachial neuritis diagnosed, you should see a doctor promptly. You will need a formal diagnosis to file a VICP claim.
  • Collect Your Vaccination and Medical Records – Your vaccination and medical records will be important for proving your eligibility under the VICP. As a result, you should collect these records, if possible.
  • Talk to a Vaccine Injury Attorney – From proving your eligibility to calculating the value of your claim, there are several important reasons to have an experienced vaccine injury attorney on your side. You only have a limited amount of time to file, so you should schedule a free initial consultation as soon as possible.

Discuss Your Legal Rights with Vaccine Injury Attorney Leah V. Durant

If you would like to know more about filing a claim under the National Vaccine Injury Compensation Program for brachial neuritis linked to a tetanus shot, we encourage you to contact us promptly. To arrange a free initial consultation with vaccine injury attorney Leah V. Durant, please call 202-775-9200 or send us a message online today.