HPV VACCINE INJURY ATTORNEY

Human Papillomavirus (HPV) is a type of virus which can affect different parts of your body. HPV can affect both men and women. There are over 100 types of HPV. Some types of HPV cause warts on your hands, feet, etc. If you have had a wart, you’ve had HPV.

Some types of HPV affect the genitals. HPV that affects genitals is commonly referred to as a Sexually Transmitted Infection (STI), which is passed through skin-to-skin contact. While many of the types of HPV pose no significant risk to your health, some types can lead to cancers, such as cervical cancer.

Due to the potential health risks associated with HPV, vaccines have been created to prevent HPV transmission. The HPV Vaccine (e.g., Gardasil) can play an important role in preventing HPV transmission. However, like all vaccinations, there is a chance of experiencing an adverse reaction resulting in negative health side effects.

Possible Side Effects of the HPV Vaccine

The most common side effect of the HPV vaccine is a sore arm at the injection site. Other common side effects include:

• Swelling, redness, itching, and bruising at the injection site

• Headache

• Fever

• Nausea

• Dizziness

• Fainting

Most side effects are mild and go away on their own within a few days. However, more serious reactions can also occur. So, it’s important to be aware of the signs and symptoms of an adverse reaction. Although rare, some people develop long-lasting illnesses and injuries as a result of the HPV vaccination. For example, people have experienced the following serious adverse reactions after receiving a HPV vaccine:

• Shoulder Injury Related to Vaccine Administration (SIRVA)

• Guillain-Barre Syndrome (GBS)

• Acute Disseminated Encephalomyelitis (ADEM)

• Encephalitis

• Transverse Myelitis (TM)

• Postural Orthostatic Tachycardia Syndrome (POTS)

• Anaphylaxis

• Vasovagal Syncope

For more information about benefits and possible side effects of the HPV vaccine, visit the Vaccine Information System website here.

Receiving Compensation for HPV Vaccine Injuries

If you are unfortunate enough to experience an adverse reaction to a HPV vaccine, you may be eligible for financial compensation through the National Vaccine Injury Compensation Program (NVICP). The NVICP is a federal program which provides monetary compensation to individuals who have suffered an adverse reaction to a vaccine. Although no amount of money can make up for the pain and suffering caused by a vaccine-related injury, getting compensation may provide some relief for you and your family.

If you experience a severe reaction after receiving an HPV vaccine or believe your post-vaccination pain is more than it should be, seek medical attention immediately. You should also contact an experienced vaccine injury attorney to get a better understanding of your legal rights. There are time limits on when you can file a claim.

The process of presenting a claim and obtaining compensation is complicated. A petition must be filed with the Federal Court of Claims in Washington, D. C. The claim must be proven through the presentation of a wide variety of evidence. The experienced vaccine injury attorneys at DuPont & Blumenstiel are here to help you through the entire process to help maximize your chances of receiving financial compensation.

LEARN IF YOU QUALIFY FOR A CLAIM

DOWNLOAD OUR GUIDE TO VACCINE INJURIES HERE

HPV Vaccines and the Vaccine Injury Table

Under the NVICP, certain injuries and/or adverse reactions are presumed to have been caused by a particular vaccine if the first onset of symptoms occurs within a specified timeframe.

Some types of adverse reactions to the HPV vaccine occur frequently enough that they are presumed to be caused by the HPV vaccine. Those types of adverse reactions to the HPV vaccine are listed on the Vaccine Injury Table. When an injury or adverse reaction qualifies for the presumption, it is considered a “Table Injury”. The importance of qualifying as a “Table Injury” is that the Court will award you compensation for your injury unless the opposing counsel is able to demonstrate that something other than the vaccine actually caused your injury or adverse reaction. Unfortunately, only some injuries are considered a “Table Injury” and afforded the important presumption that the vaccine caused the injury or adverse reaction. Some examples of table injuries related to HPV vaccines are listed below.

Anaphylaxis (Allergic Reaction) After HPV Vaccine

Anaphylaxis is a life-threatening allergic reaction that happens very quickly. There are four stages of anaphylaxis:

1. Mild symptoms include skin rash or redness, itching or hives.  

2. Moderate anaphylaxis happens when a person has more widespread and extensive symptoms like skin rash and hives that are spreading or mild swelling in their lips or tongue.

3. Severe anaphylaxis happens next and involves a person displaying signs of difficulty breathing, extensive swelling, weak pulse and/or dizziness. 

4. Life-threatening anaphylaxis is the last stage and involves a person losing consciousness, being unable to breathe, and having inadequate blood flow to vital organs.

To qualify for the presumption of causation under the Injury Table, the first onset of symptoms must have occurred within four hours of receiving the vaccine.

Shoulder Injury Related to Vaccine Administration (SIRVA)

SIRVA is an injury caused by the injection of a vaccine into the shoulder joint rather than the deltoid muscle. The needle of the shot (as opposed to the vaccine) is what causes the injury. The main symptoms include persistent shoulder pain and a limited range of motion in the injured shoulder.

In order to qualify for the presumption of causation under the Injury Table, the first onset of symptoms must have occurred within 48 hours of receiving the vaccination.

Vasovagal Syncope (Fainting) After HPV Vaccine

Vasovagal Syncope happens when your blood pressure and heart rate drop suddenly, causing you to pass out.

Common symptoms include:

• Lightheadedness

• Dizziness

• Nausea

• A sudden warm feeling

• Pale skin

• Sudden feeling of tiredness

• Yawning

• Profuse sweating

• Slow pulse

Once an attack starts, the following are likely to happen:

• Loss of consciousness

• Falling to the ground

• Eyes remain open but roll up and back into your head

• Twitching movements

• Loss of bladder control

In order to qualify for the presumption of causation under the Injury Table, the first onset of symptoms must have occurred within one hour of receiving the vaccination.

What Does a Vaccine Injury Attorney Do?

A vaccine injury attorney is a lawyer that has special knowledge about the Vaccine Injury Compensation Program (VICP). They represent people who have had an adverse reaction to a vaccine and guide them through the legal process of pursuing a claim. At DuPont & Blumenstiel, we can help you determine if you qualify for a claim.

What Can I Receive Compensation for?

If you prove your vaccine claim, you are entitled to financial compensation. You would receive compensation for past and future medical expenses, past and future lost wages, and past and future pain and suffering.

Will I Have to Pay Attorney’s Fees and Case-Related Expenses?

Understandably, many people worry that they will be held responsible for paying attorney’s fees. One great aspect of the VICP is that our clients don’t have to pay our fees or case-related expenses. The Federal Court of Claims will pay the attorney's fees and other legal costs.

Who Can File a Claim with the VICP?

You may file a petition with the VICP if you:

• were injured after receiving a covered vaccine,

• are the parent or legal guardian of a child or disabled adult who received a covered vaccine, and you believe they were injured by it, and/or

• believe that a covered vaccine caused the death of a family member or loved one.

Are There Any Restrictions on Presenting a Claim and Obtaining Compensation?

There are some important limitations on who can successfully pursue a vaccine claim. Your claim must involve a vaccine covered by the VICP. Unfortunately, the COVID vaccine is not currently covered. It is covered by another federal program called the Countermeasures Injury Compensation Program (CICP).

To qualify for compensation under the VICP, your symptoms must have lasted for six months or longer, required extensive hospitalization and surgery, or resulted in death.

Finally, you must file your claim (called a “petition”) with the Federal Court of Claims in Washington, D.C. before the Statute of Limitations expires.

Statute of Limitation Deadlines for Vaccine Injury Claims

Just like many other areas of law, vaccine injury claims have a statute of limitations.

For cases in which the petitioner did not die, the statute of limitations is 3 years from the first onset of symptoms. For cases in which the petitioner died, the statute of limitations is 24 months from the date of death, but not more than 4 years from the date of vaccination.

It's important to keep these dates in mind so you don't miss them! If you believe you've suffered an adverse reaction to a vaccine, the time to act is now.

How Much Compensation Can I Receive Through the VICP?

The amount of compensation you can receive is dependent on your situation, the severity of your symptoms, and how long they lasted. With some exceptions, there typically is no set compensation amount for HPV vaccine injuries.

Receiving compensation through the VICP is complex, which is why it’s important to consult with an experienced vaccine injury lawyer. Our lawyers can help you better understand your options. Don't wait. There are deadlines to file your claim. Call the Law Offices of DuPont & Blumenstiel today at 614-389-9711 for a free case evaluation.

Want to learn more about the NVICP? Download our Consumer's Guide to Vaccine-Related Injuries here.