HUMAN PAPILLOMAVIRUS VACCINE INJURY
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
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:
Postural Orthostatic Tachycardia Syndrome (POTS)
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.
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. For example, SIRVA, Anaphylaxis, and Vasovagal Syncope are HPV vaccine adverse reactions that are included on the Vaccine Injury Table.
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
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.
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.