To bring a claim in the National Vaccine Injury Compensation Program, the injured party must have received one of the types of vaccines listed in the table below, such as the flu vaccine. The table covers almost every compensable vaccination. Certain less common or less available types of vaccinations are not included. For instance, the anthrax vaccination is not included in the Vaccine Injury Table largely because it is unavailable to the general public. It is only administered to certain members of the armed forces or research workers.
As you will see in the Vaccine Injury Table below, there are two other columns to the right of the “Vaccine” column. The middle column is the “Illness, Disability, Injury or Condition Covered” column, followed by the third and final column "Time Period for First Symptom". The Vaccine Injury Compensation Program includes a provision that can be extremely beneficial to the injured parties. The provision states the court will 'presume that the vaccination caused the injury/condition,' if the injured party;
1. Received a vaccine listed in the "Vaccine" column, and
2. Developed an illness, disability, injury, or condition listed in the middle column, and
3. Within the time period listed in the far right column.
Presumption is a legal term that essentially means that if the injured party proves these three things, he or she does not need to prove anything else. The burden is on the defendant, the Department of Health and Human Services, to disprove the claim. It is extraordinarily difficult for HHS to do this. Therefore, table injury claims are generally resolved through settlement fairly quickly.
That being said, it is not always necessary to have a "Table Injury." In fact, most vaccine injuries are not table injuries. If you receive one of the listed vaccines and suffer any injury, regardless of time period, you still may be entitled to compensation. When the injury is not a table injury, it simply means we must prove the injury was caused by the vaccination. For experienced vaccine injury lawyers like us, this is a regular occurrence. Click here for more information about how we prove your vaccine injury case.