Each year, vaccines injure thousands of children and adults around the country. Even though the federal government mandates that children must be vaccinated in order to attend public school, it is a well known fact that a percentage of the population will suffer an adverse reaction to certain vaccines. Many people who have been injured by a vaccination - or who have observed an injury to their child - are unaware that there may be legitimate legal recourse to assist the family through the devastating experience. Victims of vaccine side effects may be compensated to assist with medical and custodial costs, pain and suffering, and lost wages.
Some of the most serious side effects linked to vaccines include:
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Anaphylaxis/Anaphylactic Shock (a life-threatening allergic reaction)
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Brachial Neuritis (excruciating unilateral shoulder pain, followed by the paralysis of shoulder muscles)
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Encephalopathy (disorder or disease of the brain)
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Chronic Arthritis
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Thrombocytopenic purpura (a blood disorder characterized by low platelet counts)
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Vaccine-Strain Measles
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Viral infection
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Autoimmune disorders
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Polio
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Guillian-Barre Syndrome (neurological disorder)
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Death
The National Vaccine Injury Compensation Program (VICP) was enacted by Congress to implement vaccination safety reforms and to create a federal alternative to suing vaccine manufacturers and providers. VICP also requires doctors to:
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Provide parents of children receiving vaccines detailed information about the potential risks and benefits prior to vaccination;
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Report any and all serious adverse reactions following vaccinations to the Vaccine Adverse Event Reporting System (VAERS);
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Record vaccine-induced side effects in patients’ permanent medical record;
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Keep a record of all vaccines given, including manufacturer’s names and lot numbers.
Compensation awarded under VICP is divided into two parts: awards for injuries and deaths that occurred before October 1, 1988, and awards for those that occurred after. If the adverse reaction occurred after this date, the injured party is required to apply for federal compensation before pursuing a lawsuit independently in civil court. If the injured party is granted compensation, VICP will offer to pay:
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for all past and future unreimbursed medical expenses;
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up to $250,000 for pain and suffering;
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up to $250,000 for loss of earned income.
If the plaintiff rejects the award or is denied compensation, a legal claim may be filed in civil court. For claims to be valid they must be filed within two years of a death and three years of an injury. Vaccines covered by VICP include:
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Diphtheria, tetanus, pertussis (DTP, DTaP, TDap, DT, Td, or TT)
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Haemophilus influenzae type b (Hib)
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Hepatitis A (HAV)
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Hepatitis B (HBV)
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Human papillomavirus (HPV)
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Influenza (TIV, LAIV) (given each year during the flu season)
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Measles, mumps, rubella (MMR, MR, M, R)
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Meningococcal (MCV4, MPSV4)
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Polio (OPV or IPV)
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Pneumococcal conjugate (PCV)
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Rotavirus (RV)
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Varicella (VZV)
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Any combination of the vaccines above
To see a complete list of vaccine covered, please visit our website: http://www.vaccine-side-effects.org/types-of-vaccines/
Vaccine side effects lawsuits are not like traditional personal injury or product liability claims. Regardless of where you live, your case must be filed with the Federal Vaccine Court, which is located in Washington, D.C., and your lawyer must obtain a special license to be admitted into such court.
Michael E. Schmidt is recognized as one of Americaʼs most passionate, accomplished and skilled trial lawyers. His law firm, Schmidt & Clark, LLP is currently accepting vaccine side effect lawsuits in all 50 states. To learn more about this topic, please visit his website: http://www.vaccine-side-effects.org
