Contact Your Doctor
If you suffered a vaccine injury or worsening symptoms, call your doctor immediately.
The Vaccine Injury Compensation Program (VICP and also called the National Childhood Vaccine Injury Act) is a federal government program that was created by Congress on October 1, 1988 for future vaccine litigation. The VICP is a no-fault system which provides compensation for injured victims of vaccines. Anyone who is injured by a covered vaccine across the United States and its territories is eligible to file a claim in the VICP. Due to increased vaccination rates, the program became a practical alternative to a traditional lawsuit in the medical practice or personal injury areas. These vaccine injury claims are then submitted by the injured party, called a petitioner, in behalf of a vaccine injury attorney through the Vaccine Court.
Filing a vaccine injury claim is equivalent to applying for benefits as opposed to suing a negligent party. Through this process a petitioner will share details about their vaccine-related injury through a written affidavit or witness statements. Although it is extremely rare for a petitioner to testify in person, hearings can and do happen. The Vaccine Court is a division of the U.S. Court of Federal Claims where all vaccine injury claims are handled by licensed vaccine injury lawyers and all legal fees are paid through the program, not by the client. The entire vaccine attorney team at My Vaccine Lawyer is licensed in the U.S. Court of Federal Claims.
Vaccine injury claims are complicated and we would always recommend retaining a lawyer to file your claim. Under the rules of the program, your lawyer is also paid through the program funds, meaning you do not pay any attorneys fees. The general process for filing a claim is as follows:
An individual files a petition with the U.S. Court of Federal Claims. The U.S. Department of Health and Human Services (HHS) medical staff reviews the petition, determines if it meets the medical criteria for compensation and makes a preliminary recommendation. The parties may begin settlement discussions at this time, or HHS could choose to defend the case if they believe it does not qualify for financial compensation. If HHS chooses to defend the case, sometimes the parties will retain medical experts to support their case, and rarely, cases can go to a hearing in front of a Special Master against an attorney from the Department of Justice. If the case is decided in favor of the petitioner, the Court orders the U.S. Department of Health and Human Services to award compensation.
The special master's decision may be appealed and petitioners who reject the decision of the court (or withdraw their petitions within certain timelines) may file a claim in civil court against the vaccine manufacturer and/or the health care provider who administered the vaccine.
The Vaccine Injury Table is a document that outlines which vaccines are covered by the program and which vaccine injuries may be entitled to compensation. It lists a number of vaccinations, resulting conditions and time period of onset of symptoms. If your injury fits on the table, you may be presumed to be entitled to compensation.
Even if your injury does not fit on the table, our attorneys may be able to prove that your vaccine injury case is eligible for compensation. In that circumstance, your attorney will have to demonstrate that your condition is causally related to your receipt of the vaccine. In other words, there has to be a sufficient link between your vaccine and the injuries that followed. Our vaccine injury lawyers have over 30 years of combined experience litigating in vaccine injury court. This experience allows them to expertly evaluate your claim and determine what will be necessary to prove your case, whether it is a “Table Injury” or not.
Flu shot injuries following vaccine administration can and do happen. Compensation for flu shot injuries such as SIRVA (shoulder injury related to vaccine administration), nerve injuries, or severe neurological reactions is available through the Vaccine Injury Compensation Program. Vaccine injuries often occur following an incorrectly administered shot that is either injected too deep, too shallow, or too far left or right, which can result in a shoulder injury. Medical professionals administering vaccines should landmark the injection site in an effort to avoid adverse reactions and side effects.
As the number of flu shot recipients increases each year in the U.S., so does the amount of flu shot vaccine injury claims. If you have suffered an adverse reaction or injury after the flu vaccine, you may be entitled to compensation. My Vaccine Lawyer is currently representing hundreds of clients who have been injured by the flu shot from this flu season alone. Because of this, injuries caused by the flu shot have become the most compensated vaccine under the VICP fund.
Shoulder Injury Related to Vaccine Administration, or SIRVA, is the term used for a shoulder injury caused by an improperly administered vaccine. Our vaccine injury lawyers have represented thousands of clients who have had SIRVA injuries, which commonly occur following periods of increased vaccinations, such as the flu season. There are various types of injuries categorized as SIRVA under the Vaccine Injury Table such as tendonitis, bursitis, rotator cuff damage, ulnar neuropathy, and adhesive capsulitis, which is also known as frozen shoulder.
Our vaccine injury lawyers have been featured on NBC, CBS and the Washington Post discussing SIRVA as a result of incorrectly administered vaccines. Shoulder pain, weakness, or reduced range of motion are the most common symptoms of a shoulder injury from a vaccine. SIRVA injuries can become significantly worse if not treated. The injured person should contact doctor immediately if you are experiencing any of the symptoms above after a vaccination. SIRVA injuries are now the most commonly filed case in the VICP.
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