Have you or a loved one experienced an adverse reaction to a vaccine? Do you feel like no one believes you?
People who have experienced an adverse reaction to a vaccine often struggle to have their injury recognized by their doctors, peers, and even friends and family members. If bills are piling up, you've missed work, and/or you're suffering due to your vaccine-related injury, you aren't alone and you deserve compensation.
Anyone who believes they were injured as the result of a covered vaccine under The National Vaccine Injury Compensation Program (VICP), can file a petition. The experienced vaccine act attorneys at The Law Offices of DuPont and Blumenstiel can guide you through the entire process. They will fight for you every step of the way.
THE NATIONAL VACCINE INJURY ACT
Although vaccines serve an important role in maintaining the public’s health, a small percentage of individuals have adverse reactions to them. The federal government acknowledged this in 1986 with the creation of the National Childhood Vaccine Injury Act. This act provides a federal no-fault system for compensating those who suffer vaccine-related injuries or death. One of its purposes is to keep these individuals from suing their doctors or pharmaceutical companies. The pharmaceutical companies themselves pay into the fund from which compensation to these individuals is paid out. One of the primary benefits of the National Vaccine Act is the fact that attorney fees are paid for by the fund, not the client.
ADVERSE REACTIONS TO THE COVID-19 VACCINE
If you have experienced an adverse reaction to a COVID-19 vaccine, you could qualify for compensation under the Countermeasures Injury Compensation Program (CICP). This is a completely different system from the VICP. The expert attorneys at the Law Offices of DuPont & Blumenstiel can help you navigate through this process.
POSSIBLE ALLERGIC REACTIONS TO VACCINES
If you or a loved one experience some of these symptoms or conditions for over six months after getting a vaccine, you could qualify for compensation under the (VICP).
MODERATE REACTIONS TO VACCINES
Redness at the injection site
These symptoms themselves do not qualify someone for compensation under the VICP. But, these symptoms may be a sign of a more severe condition.
SEVERE REACTIONS TO VACCINES
Guillain-Barre Syndrome (GBS) (specifically with the flu vaccine)
Idiopathic Thrombocytopenic Purpura (ITP)
Multiple Sclerosis (MS)
Permanent brain damage
Systemic Lupus Erythematosus (SLE)
VACCINES COVERED UNDER THE NVICP
Diphtheria vaccine (DTP, DTaP, Tdap, DT, Td, or TT)
Pertussis vaccine (DTP, DTaP, Tdap)
Haemophilus influenza type b polysaccharide conjugate vaccines (e.g., Hib)
Meningococcal vaccine (MCV4, MPSV4, MenB-FHbp, MenB-4C)
Polio (IPV or OPV) vaccine
Hepatitis A vaccine (HAV)
Hepatitis B vaccine (HBV)
Varicella vaccine (VAR)
Rotavirus vaccine (RV)
Pneumococcal conjugate vaccine (PCV)
HOW CAN I RECEIVE COMPENSATION FOR A VACCINE-RELATED INJURY?
Whether you qualify for compensation under the National Vaccine Injury Act, and the amount of compensation you could receive, depends on several factors.
To receive compensation, you must first file a petition within three years of the first onset of symptoms. In the petition, you must prove that your vaccination was the cause of the symptoms you experienced (or are experiencing). These symptoms must last for over six months. During the claims process, pre- and post-vaccination medical records are gathered and analyzed.
Find more information about the claims process on our website, vaccineactlawyers.com.
VACCINE INJURY TABLE
Once your petition is filed, the claim will be considered an “on table” or “off table” injury. The Vaccine Injury Table, created by the Court, lists a set of symptoms that have historically been determined to be a direct result of vaccination.
An “on table” injury is one in which the symptoms following the vaccination occur frequently enough among claimants that they are tracked on the Vaccine Injury Table. In those cases, The National Vaccine Court will presume that the symptoms are a direct result of the vaccination. “On table” injuries are processed relatively quickly and compensation is often provided.
An "off table" injury is one in which your symptoms don't match those that are on the Vaccine Injury Table. Under those circumstances, outside expert testimony is typically required. For example, a medical professional may provide a report explaining to the Court how the vaccination caused the symptoms. “Off table” injuries take longer to process, as there is not a presumption that the vaccination caused the symptoms.
HOW MUCH COMPENSATION WILL I GET?
In the event your claim is validated by the National Vaccine Court, you will be entitled to compensation for such things as:
Past and future medical treatment
Past and future wage loss
Past and future pain and suffering
The amount of compensation varies depending on the extent and severity of your symptoms.
Again, a primary benefit of the National Vaccine Act is the fact that attorney fees are paid by the fund. Typically fees to pay experts to provide their relevant reports are advanced by the attorney representing you, who then obtains reimbursement from the Court. The system generally favors the claimant in terms of cost, as the goal is to compensate legitimate vaccine injuries and avoid direct lawsuits against doctors and pharmaceutical companies.
More information about vaccines can be found at The Vaccine Adverse Event Reporting System (www.vaers.hhs.gov), which is a national reporting system for adverse vaccine reactions, and also at The National Vaccine Information Center (www.nvic.org), which is a national charitable, nonprofit educational organization designed to provide information regarding vaccines.
Although vaccine injuries are possible, they rarely occur. We do not encourage the avoidance of getting a vaccine due to fear of injury.
BRADEN A. BLUMENSTIEL, VACCINE INJURY LAWYER
The law gives Braden a pragmatic way to solve problems using his background in clinical psychology. He is a talented presenter in the courtroom, as he understands how to effectively question witnesses and relay information. He specializes in vaccine injury, personal injury, probate litigation, and business law, and has been recognized for his work by SuperLawyers.