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Vaccine Injury Lawyers: How Can A Compensation Claim Help

The advantages of broad vaccination are often touted yet the disadvantages are rarely mentioned. Even if the possibility of having negative consequences to a vaccine is low, for the individuals that are affected, their lives may be permanently changed.

Did you or a loved one suffer an allergic reaction or other severe injuries after receiving a vaccine? It's possible to get help.

Maryland Vaccine Injury Claims 

If you had an adverse reaction to a vaccine that left you with negative health effects, you may be entitled to compensation. Contact our team now for a free consultation.

Our experienced attorneys can handle the entire claims process on your behalf and will be owed a legal fee if you achieve compensation.

Aaron Blank and Maryland Injury Guys Team
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The National Vaccine Injury Compensation Program (NVICP)

The National Vaccine Injury Compensation Program (NVICP) is a no-fault system through which people (or their surviving family members) who receive certain vaccines listed on the Vaccine Injury Table may receive compensation if adverse effects result.

"No-fault" entails that no party is accepting liability for the injuries or damages, whether it's the vaccine's manufacturer or the organization who forced or otherwise encouraged an individual to get a specific vaccine. 

The Vaccine Injury Table is an official document maintained by the Health Resources & Services Administration that specifies not only the vaccines but also the specific adverse effects that can lead to an individual receiving compensation.

vaccine injury lawyers help patients with adverse vaccine effects

Filing NVICP Compensation Claims

All NVICP claims must be filed with the United States Court of Federal Claims. The claim is then reviewed by the US Department of Health and Humans Services (HHS) to determine if the petition is valid.

The HHS's report is reviewed by the court, often in conjunction with a hearing where you are allowed to present evidence. Once all evidence has been entered into and reviewed by the Court, a decision is made on whether to award compensation or not. 

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What Do Vaccine Injury Lawyers Do?

Vaccine injury lawyers are legal professionals who help those harmed by vaccines. Victims of vaccine injuries might include children, adults, and the elderly. The injury may be permanent or temporary and a vaccine may have been responsible in full or in part for the harm.

While all victims of vaccines injuries must go through the NVICP process to be awarded compensation, it's critical to remember that this is a legal claims process that is supervised by a Federal Court. There are specific guidelines that must be followed for the claim to make it to court, let alone for compensation to be awarded.

It takes an experienced legal representative to understand what types of evidence can help a vaccine injury to be successful. Just because there is an established compensation process in place does not mean that any claim will be accepted, even if the claim is a valid one.

Can I File A COVID-19 Vaccine Injury Claim?

Currently, the NVICP Vaccine Injury Table does not include any of the recently introduced novel Coronavirus-19 (2019-nCoV) vaccines, such as those produced by Pfizer, Moderna, Johnson & Johnson, or others.

How Long To File A Vaccine Injury Claim?

Generally, individuals who are experiencing vaccine injury symptoms have three years from the time that the symptoms appeared to file a claim. 

Most victims of vaccine injuries are often unaware of the fact that they may be eligible for compensation. They often chose to wait and see if the symptoms get better with time. However, many have to make doctor's appointments and possibly be subjected to medical tests. These are significant expenses, particularly when they are unexpected.

What Damages Are Covered?

A NVICP vaccine injury claim can help victims to receive remuneration the medical expenses they incurred as a result of the side effects. Additionally, they may also receive compensation for lost earnings, rehab/therapy, and pain & suffering.

Vaccines Included In The Vaccine Injury Table

The HRSA's Vaccine Injury Table includes many different vaccines however it's important to note that non-seasonal flu vaccines are not VICP-covered if injuries arise. Below are some of the vaccines that are covered:

  • DTP, DTap, & other Diptheria vaccines
  • Polio (OPV, IPV)
  • Hep A, Hep B, & Human papillomavirus (HAV, HBV, HPV)
  • Measles, Mumps, Rubella (MMR) vaccine
  • Seasonal Flu
  • Tetanus (Td)
  • Rotavirus (RV)

The above list is not all-inclusive. It's vital to discuss your symptoms and as well as the specific vaccine you received with a legal professional to determine if you're eligible for a claim.

Common Vaccine Injuries

The Vaccine Injury Table outlines some of the most common side effects that arise in patients after vaccines are administered; the following examples are not the only ones covered by the NVICP.

  • Anaphylaxis: Severe allergic reaction, generally within 4 hours of vaccine
  • Chronic arthritis: an inflammatory disorder that manifests largely in the joints although other organs and body systems may be affected. Can appear as early as 7 days or as late as 42 days after vaccine
  • Vasovagal syncope: this is the medical term used for fainting. Fainting is usually caused by a sudden drop in blood pressure and heart rate. Can appear within one hour after vaccine
  • Intussusception: a very severe condition where parts of the intestine "fold" or fall into themselves. This can prevent adequate digestion and may be fatal. May appear as soon as 1 day or as late as 21 days after the vaccine is administered. 

What Is SIRVA?

Shoulder Injury Related to Vaccine Administration, otherwise known as SIRVA, is one of the most common side effects encountered in the Vaccine Injury Table. In fact, it is a potential injury to all of the vaccines listed in the table. This is because SIRVA isn't caused by the contents of the vaccine but rather by the method of vaccination itself - an injection into the upper part of the arm. 

SIRVA can result when an injection is improperly administered. It manifests as should pain and limited range of motion. Injections should be intramuscular but if the need is forced too deep, it can reach delicate structures within the arm or shoulder and cause severe damage. 

Can You Sue For SIRVA?

SIRVA is deemed completely preventable if proper care is taken when administering a vaccine. Yet, lawsuits are generally not appropriate when it comes to SIRVA. However, SIRVA is covered by the NVICP, and patients whose lives are negatively impacted by SIRVA can seek compensation via the NVICP compensation claims process.

Free Vaccine Injury Consultations

If you are unsure whether you're eligible to file a vaccine injury claim and achieve compensation, get in touch with our team now for a free case review. Even if you believe that your vaccine or symptoms are not covered, our experienced lawyers will be able to give you a straight answer. If you chose to move forward with a claim, you will not owe any legal fees whatsoever unless your claim is successful.

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