Vaccine Injury Lawyer
Vaccines protect people from contracting various illnesses, and they’ve been around for much longer than you might think. The first successful vaccine was created in 1796 to help prevent smallpox. Thousands of Americans are vaccinated every single day against a huge variety of diseases and ailments, including polio, hepatitis, HPV, meningitis, seasonal flu, and many others. However, even though vaccines are extremely safe, rare and debilitating side effects can occur.
Because of the potential for negative side effects to various vaccines and the potential medical and financial impact, the United States Congress created the National Vaccine Injury Compensation Program (NVICP) to help patients who experience severe reactions to vaccines recover financially from their injuries.
If you have been injured by or experienced a severe reaction to a vaccine, the attorneys at Dane Shulman Associates, LLC, can advise you of your legal rights and help you seek the compensation you’re owed.
What Is The NVICP?
Congress created the National Vaccine Injury Compensation Program in 1986 after lawsuits against various vaccine makers seemed poised to cause vaccine shortages. Essentially, the NVICP is a federal trust fund designed specifically to compensates victims of vaccine injury. To date, it has paid billions of dollars in damages to those with severe reactions to vaccines. The program is still well-funded, with billions of dollars in funding available for any future vaccine injury victims.
Which Vaccines Are Covered by the NVICP?
The following vaccinations are covered by the NVICP:
- Trivalent Influenza Vaccines or Seasonal Flu Shot
- Tetanus Toxoid-Containing Vaccines
- Measles, Mumps & Rubella (MMR) Virus-Containing Vaccines in any combination
- Rubella Virus-Containing Vaccines
- Measles Virus-Containing Vaccines
- Pertussis Antigen-Containing Vaccines
- Hepatitis A Vaccines
- Hepatitis B Antigen-Containing Vaccines
- Human Papillomavirus (HPV) Vaccines
- Polio Live Virus Vaccines
- Hemophilus Influenzae – Type B Polysaccharide Conjugate Vaccines
- Varicella Vaccine – Chickenpox Virus Vaccine
- Rotavirus Vaccine
- Pneumococcal Conjugate Vaccines
- Inactivated Polio Vaccine (IPV)
- Meningococcal Vaccines – Meningococcal Polysaccharide Vaccine (MPSV4), Meningococcal Conjugate Vaccine (MCV4)
Which Vaccines Are Not Covered by the NVICP?
A smaller number of vaccines are not covered by the NVICP should a person sustain a vaccine injury, including:
- Covid-19 Vaccines
- Pneumococcal polysaccharide vaccines meant for older adults
- Herpes Zoster (Shingles) Vaccine
- Yellow Fever
- Tuberculosis (TB)
- Typhoid Fever
Common Types of Vaccine Injuries
Adverse reactions to vaccines are exceedingly rare because all vaccines undergo rigorous trials before they can be administered to the general public. Occasionally, they can cause severe side effects in certain patients or worsen certain pre-existing conditions.
Some common vaccine injuries include:
- Vaccine-strain virus
- Vasovagal syncope
- Transverse myelitis
- Shoulder injury related to vaccine administration (SIRVA)
- Adhesive capsulitis
- Brachial neuritis
- Rotator cuff injury
- Chronic arthritis
- Guillain-Barre Syndrome (GBS)
- Miller Fisher Syndrome (MFS)
If you have suffered any of the above injuries or illnesses as a result of a vaccine injury, you could be eligible to claim compensation through the NVICP.
What Is the Claims Process for a Vaccine Injury?
At Dane Shulman Associates, LLC, we urge you not to try to represent yourself in an NVICP claim. Consulting with one of our dedicated vaccine injury attorneys is the best way to maximize your chances of getting the compensation you deserve, and it comes at no personal cost to you. In vaccine injury cases, the court typically pays for all legal fees.
Although the process is designed to be non-adversarial and more expeditious than typical personal injury or civil cases, in reality, vaccine injury cases can be challenging and contentious. You need an attorney who understands all of the legal and medical issues involved in vaccine injury cases.
Once we have determined your eligibility, we can take the following steps to file your vaccine injury claim:
- Build your case – We will request your medical records and any documentation related to your vaccine injury. This as evidence can help support your claim. We may also hire experts, at our expense, to give testimony in your case.
- File a petition – We will file a petition with the US Department of Health and Human Services. Rather than a jury, a special master will be appointed to your case. After reviewing your case, the special master will determine whether it meets the eligibility requirements for compensation.
- Take your claim to court – It’s possible that your claim may be challenged. If this happens, we will defend your claim in federal court. We may bring experts to testify at this time as well.
If we are able to settle your claim without a trial, you can expect your vaccine injury claim to be resolved within one to two years. If we do go to trial, it could take three to four years. But rest assured, we will do everything we can to expedite the process so that you get the compensation you’re entitled to as soon as possible.
Compensation for Vaccine Injury Claims
If you suffered an injury or illness after a vaccine administration, you could be entitled to compensation to cover the cost of:
- Related medical expenses
- Lost income if the injury rendered you unable to work
- Survivor benefits in cases where the injuries were fatal
- Other related costs
In order to receive benefits, you must prove that:
- You received a qualifying vaccine
- The vaccine directly caused your injury, or
- The vaccine exacerbated an injury or illness you already had
The court must also determine whether the injury or death resulting from the vaccine could have been caused by any other health condition.
Contact a Boston Vaccine Injury Lawyer Today
The attorneys at Dane Shulman Associates, LLC, have been helping victims of injury caused by negligence in the Boston area for over 60 years. Our seasoned vaccine injury attorneys are intimately familiar with the NVICP and have the resources and skills to help you seek the compensation that you need and deserve.
Consult with our attorneys at Dane Shulman Associates, LLC, and let us handle your case for you. Contact us today for a free, no-risk consultation.