Vaccine Cases
Did you or your child suffer an injury or severe reaction after receiving a vaccine? You may be eligible for compensation. If you have questions about filing a petition to pursue money for your injuries and losses, a personal injury attorney with experience handling vaccine injury cases is well-equipped to answer your questions and help you through the process.
What Is a Vaccine Injury?
A vaccine injury is an adverse reaction or any harm you experience after receiving a vaccine. Although mild reactions, such as a low-grade fever or soreness at the injection site, are common, serious injuries or conditions can occur. The following are some potentially compensable vaccine injuries:
- Allergic reactions – An allergic reaction can be mild or severe. Anaphylaxis, for example, is a serious condition that can cause difficulty breathing, swelling, and itching.
- Autoimmune disorders – A vaccine can trigger autoimmune disorders. The inflammation and swelling you experience could result in several conditions, including encephalitis, Guillain-Barré Syndrome (GBS), and brachial neuritis.
- Blood conditions – A blood condition associated with a vaccine is thrombocytopenic purpura. If you develop this condition after receiving a vaccine, you can experience your blood platelets dropping below normal levels, which results in excessive bruising and bleeding.
What Is the Vaccine Injury Program?
The Health Resources & Services Administration administers the National Vaccine Injury Compensation Program (VICP), a no-fault alternative to pursuing your claims through the traditional legal system.
Eligibility to file a petition requires that you have received a covered vaccine and believe you were injured. Parents can file on behalf of their children, and legal guardians or representatives can file for disabled adults or deceased individuals.
The process involves filing a petition with the U.S. Court of Federal Claims, which your attorney can help prepare. Then, the U.S. Department of Health and Human Services’ medical staff reviews the petition, determines whether it meets the criteria for compensation, and makes a preliminary recommendation. From there, the U.S. Department of Justice submits its medical recommendation and legal analysis to the court. A court-appointed special master determines whether compensation is warranted, typically after holding a hearing. The court then orders the U.S. Department of Health and Human Services to award compensation. If the special master denies your petition, you can appeal the decision and file a claim in civil court.
What Is a Covered Vaccine?
For a vaccine to be covered by the VICP, the Centers for Disease Control and Prevention (CDC) must recommend it to children or pregnant women. Additionally, the vaccine must be subject to a federal excise tax.
A covered vaccine is presumed to have caused the injury or condition you suffered if the first symptom occurs within the time specified in the Vaccine Injury Table, unless another cause is proven. For example, the first symptom of a shoulder injury related to a seasonal flu shot must occur within forty-eight hours of receiving the vaccine.
Is an Injury Related to a COVID-19 Shot Covered by the Vaccine Injury Program?
No. Injuries stemming from a COVID-19 vaccine do not fall under the Vaccine Injury Program. However, you can seek compensation through the Countermeasures Injury Compensation Program, which provides money for those who sustain serious injuries (or death) due to using certain countermeasures to treat a public health emergency, such as the COVID-19 vaccine.
Call a Pennsylvania Personal Injury Attorney Today
At Ainsman Levine, LLC, we understand how difficult it can be to discover that you or your child has suffered a vaccine injury. Rest assured, you do not have to navigate the aftermath of such an injury alone. You can trust that an attorney from our firm has your best interests in mind and will work hard for you. We want to help you secure the money you deserve. Contact us today to speak to an experienced personal injury attorney in a free consultation.