What is a Vaccine Injury and Can I Sue for One?
Every day, children receive routine vaccinations at the advice of their doctors without incident. The benefits of receiving a vaccine often outweigh the small
risk of vaccine injury, however injury can occur. Every year, a small percentage of people suffer adverse reactions to vaccinations. Reactions range from shoulder and arm pain to severe neurological conditions such as GBS, ADEM, TM, seizures, and others, and sometimes even death.
If you believe that a vaccine injured you or your child, consult with an experienced personal injury lawyer right away. Vaccine litigation is a highly specialized field.
If successful, you may receive reasonable attorney fees and costs in addition to a compensation award. As a petitioner in a personal injury case, you may have the case handled on a contingency basis.
In 1988, Congress passed the National Vaccine Injury Compensation Program (VICP) in order to provide restitution to people who have suffered vaccine injury. Common vaccines covered are:
- Hepatitis A Vaccine (HAV)
- Hepatitis B Vaccine (HBV)
- Pertussis Vaccine – Whooping Cough (DTaP, DTP,
Tdap, P, DTP‑Hib)
- Flu Vaccine (Trivalent influenza vaccine – TIV)
- Chicken Pox Vaccine (Varicella vaccine – VZV)
- Pneumococcal conjugate vaccines (PCV)
- Rotavirus Vaccine (RV)
- Polio (OPV and IPV)
- Tetanus Vaccine (DTaP, DTP, DT, Td, Tdap, TT)
- Hemophilus influenzae type B (Hib)
- Measles, Mumps, Rubella vaccine or any of its components (MMR, MR, M, R)
- Human Papillomavirus (HPV) (Gardasil andCervarix)
- Meningococcal vaccines (MCV4, MPSV4)
- Any combination of the vaccines above (Trivalent, Quadrivalent, etc.)
New or additional vaccines could be added in the future. Contact a vaccine injury lawyer to discuss the details of your case. Generally, you may file a claim if you or your child was injured by a vaccine covered by the VICP, or you are the legal representative of the estate of a person whose death may have resulted from a vaccine covered by the VICP. The statute of limitations for a vaccine injury claim is three years from the onset of symptoms or two years from the date of a death. Awards for vaccine injuries may include compensation for past and future medical expenses, pain and suffering, and lost wages. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the assistance of a lawyer.