January 3, 2023

Vaccine Injury Compensation 

With the outbreak of different infectious and deadly diseases or viruses, vaccines have proven to be an effective means of ensuring human lives are preserved and that we live in good health.

Vaccines, like any other substance taken into the body, can cause several side effects and reactions that are usually normal. However, there are rare situations where vaccines can cause very severe reactions, such as allergies, that may threaten the patients’ lives.

This is why several states, like Media, Pa, have implemented systems to ensure that injured patients are properly catered to.

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What is Vaccine Injury Compensation?

Vaccine injury compensation is a no-fault scheme that is put in place to provide financial compensation to the individuals or families of individuals who have suffered any form of injury from vaccines.

Common vaccine injuries

Although vaccine injuries are very rare, some of the more common vaccine-related injuries suffered by patients include:

Idiopathic Thrombocytopenic Purpura 

This disorder is associated with the loss of blood platelets (which help stop bleeding) and could lead to issues like internal bleeding, bleeding gums, subcutaneous bleeding, and easy bruising. It is a common side effect associated with the measles, mumps, and rubella 

Guillain-Barre Syndrome  

This is a condition that arises when the immune system begins to attack and destroy the nerves. The symptoms usually start with a tingling sensation and weakness in the hands and feet, which can easily spread to the rest of your body. This condition is a common side effect of the tetanus, hepatitis B, and flu vaccine.

Shoulder Injury Related to Vaccine Administration (SIRVA)

This refers to swelling, soreness, and stiffness of the shoulder after a vaccine injection is administered. This side effect is common for most vaccines taken on the shoulder but is only meant to last a short while. However, poor vaccine administration to the shoulder may pierce the deltoid bursa, leading to severe pain and discomfort in the shoulder.

About the vaccine injury compensation

The National Vaccine Injury Compensation Program was inaugurated in 1988 after the National Childhood Vaccine Injury Act was passed in 1986 to compensate individuals who suffer allergic reactions or severe side effects from vaccines.

The program is a no-fault program, which means you don’t have to provide proof of carelessness on the manufacturer’s part as you would for a vaccine injury civil lawsuit. All that is needed is proof of the injury from the vaccine. 

What vaccines does the Vaccine Injury Compensation Program Cover?

The vaccines covered by the Vaccine Injury Compensation Program include those against diphtheria, whooping cough (pertussis), polio, hepatitis A and B, type B Haemophilus influenza, pneumococcal conjugate, human papillomavirus, chickenpox (varicella), measles, german measles (rubella), meningococcal conjugate, mumps, tetanus, and seasonal flu (trivalent influenza).

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Benefits of the VICP

The VICP offers so many benefits to vaccine injury victims, such as:

  • The VICP offers so many benefits to vaccine injury victims, such as:
  • It is a no-fault claim, which means it removes the hassle of providing evidence as long as the medical criteria for a vaccine claim are met.
  • It is more effective than the tort system applied to other medical malpractices involving filings in a civil court.

Requirements for vaccine injury compensation

You are qualified for vaccine injury compensation if the following requirements are met:

  • The injury being claimed is believed to be a vaccine injury because it is listed in the vaccine injury table and is caused by a vaccine covered by the Vaccine Injury Compensation Program.
  • The applicant is injured, is the parent or legal guardian of an injured child, or is the legal representative of the estate of a deceased person who died from a vaccine injury.
  • The vaccine was taken in any state in the United States of America.
  • The United States government employed the injured person to serve in the United States Armed Forces outside the United States 
  • The vaccine manufacturer is located in the United States, and the affected person returns to the United States within six months of taking the vaccine.
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 Procedure for filing for a Vaccine Injury Compensation  

The procedure for filing for a VICP, as stated in the Vaccine Act, is as follows:

  • The process begins with submitting your petition to the U.S. Court of Federal Claims, specifically to the vaccine court.
  • The petition is reviewed by the medical department and staff of the U.S. Department of Health and Human Services to ensure that it meets all requirements to make vaccine claims.
  • The U.S. Department of Justice writes a report based on findings from the medical records and legal investigation.
  • The written report is submitted to a special master appointed by the court, who will decide whether the petitioner should be compensated. This is usually done after a hearing has been held and the parties involved have presented their evidence.

If the petition is granted, the special master decides the type of compensation and how much the petitioner should receive.

  • The Court of Federal Claims orders the Department of Health to award compensation to the vaccine injury victims. In situations where certain requirements are met and the petition is not granted, the court may also order the Department of Health to cover the attorneys’ costs and other legal fees.

Who Are Vaccine Injury Attorneys

Vaccine injury attorneys are lawyers who specialize in vaccine cases. Vaccine lawyers provide legal representation to victims who claim to have suffered an adverse reaction to vaccines covered by the national injury compensation program.

This claim is made against vaccine manufacturers at the Court of Federal Claims.

Presenting your vaccine case to the court would require legal representation, preferably a Vaccine Injury Compensation lawyer. Law firms like Michael Alan Siddons are one of the best with qualified lawyers and attorneys in Pennsylvania.

At Michael Alan Siddons, we provide a variety of services in personal injury, which involves any form of physical injury or discomfort in the body, including medical malpractice, among many others.

Hire a lawyer with experience in medical malpractice cases. Michael Alan Siddons is available to assist you in establishing culpability for medical negligence and negotiating the highest possible settlement. Contact us for a free evaluation at 610-255-7500.