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Vaccine Brain Injury Claims Under Federal Law

In rare cases, vaccines have been linked to serious neurological conditions, My Vaccine Lawyer manages your legal process seeking compensation through the VICP.

The Vaccine Injury Compensation Program (VICP) has paid out over $4 billion to individuals who experienced serious adverse events following vaccination. While vaccines play a central role in disease control across large populations, rare instances of vaccine brain injury and spinal cord damage have resulted in permanent disability, long-term medical intervention, and substantial financial loss.

These cases often involve severe neurological conditions affecting the brain and spinal cord, including brain inflammation, damage to the nervous system, or immune-mediated responses following vaccines such as influenza vaccines, the hepatitis B vaccine, the pertussis vaccine, or the MMR vaccine. When such injuries occur, the legal process is governed by a specialized federal claims system, not traditional civil litigation, and requires precise alignment between medical history, timing, and recognized adverse effects.

What Qualifies as a Legally Recognized Vaccine Brain Injury?

Not every neurological complication after vaccination meets the legal criteria for compensation. Under the federal Vaccine Injury Compensation Program (VICP), only specific injuries, primarily involving the brain and spinal cord, are eligible for claims. These cases depend heavily on the type of vaccine administered, the timing of symptoms, and whether the injury is officially recognized in the program’s legal framework.

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Table Injuries: Legally Recognized Conditions with Presumed Causation

When a condition appears on the Vaccine Injury Table, and it arises within the designated time window, causation is presumed. This legal structure exists to streamline claims for injuries that the Department of Health and Human Services has acknowledged are, in rare cases, linked to certain vaccines.

Injury

Associated Vaccines

Onset Window

Encephalitis / Encephalopathy

MMR, DTaP, Influenza, Hepatitis B

0–15 days (varies by vaccine)

Guillain-Barré Syndrome (GBS)

Influenza (including high-dose), COVID-19 (off-table but common)

3–42 days

Acute Disseminated Encephalomyelitis (ADEM)

MMR, Hepatitis B

Typically within 30 days

Transverse Myelitis

Various vaccines (off-table)

Timeline-specific

Seizure Disorders Post-Encephalopathy

MMR, DTaP

Usually within 72 hours

These are often referred to as “on-table injuries”. For a deeper breakdown of the legal distinctions between table and non-table claims, read the Difference Between Table and Non-Table Vaccine Injuries

Off-Table Claims: Legally Valid, But Medically Disputed

When an injury isn’t listed, or when it falls outside the timeframe, the burden shifts to the petitioner. These are known as off-table injuries, and they can still succeed with the right evidence.

For example, transverse myelitis, a rare spinal cord inflammation often linked to immune response, is not listed on the Vaccine Injury Table, but claims involving it have been compensated when strong supporting documentation was provided.

The same applies to:

  • Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
  • Neuromyelitis Optica
  • Autoimmune complications such as CRPS

In these claims, MVL works with physicians and independent medical experts to align symptom onset, diagnostic records, and immunological plausibility, especially in cases where immune cells cross the blood-brain barrier, triggering inflammation or demyelination.

Explore the full range of vaccine-related brain injuries we handle, including symptoms, legal considerations, and what makes a case eligible.

Most Common Vaccines Linked to Brain and Nervous System Injuries

The following vaccines appear most frequently in legal claims involving neurological conditions:

  • Influenza vaccines – linked to GBS, encephalitis, CIDP
  • Hepatitis B vaccine – associated with ADEM and demyelinating disorders
  • MMR vaccine – tied to encephalopathy and febrile seizure clusters
  • Tetanus toxoid-containing vaccines (e.g., TDaP) – linked to encephalopathy and shoulder injuries
  • COVID-19 vaccines – not on the table, but a growing category in VICP petitions involving GBS, CRPS, and immune-mediated injury

Although these cases are statistically rare, both the CDC and World Health Organization recognize that serious neurological adverse reactions, such as Guillain-Barré Syndrome, can follow certain vaccines. In legal terms, what's essential is not frequency, it’s proof of timing, progression, and plausibility, which forms the basis of compensation under the VICP.

If symptoms like severe nerve damage, loss of motor control, or spinal cord inflammation followed vaccination, we can help assess whether your case aligns with recognized injury patterns.

If you've experienced symptoms like nerve damage or spinal inflammation post-vaccine, our legal team can help you assess your eligibility under federal law. [Start a confidential case review.]

How Vaccine Brain Injuries Are Evaluated in Legal Claims

While vaccine brain injuries are extremely rare, when they occur, the legal process for pursuing compensation is narrow and evidence-driven. The VICP doesn’t accept claims based on possibility, it requires proof of what happened, when, and why no other explanation makes more sense.

What Makes a Strong Legal Claim for a Vaccine Brain Injury?

Three critical factors:

  1. Timing
    Most VICP claims must be filed within 3 years of the first symptom. If you're unsure about the timeline, we will help assess whether you're still eligible. The injury must occur within a medically and legally recognized window after vaccine administration. For example:
  2. Diagnosis
    There must be a clear medical diagnosis of a condition that affects the nervous system, such as:
  3. Causation
    The injury must be more likely than not caused by the vaccine. This is established by:
    • Reviewing medical records
    • Ruling out other causes (such as viral infections, metabolic disorders, or bacterial infections)
    • Providing a plausible medical theory that links the immune response triggered by the vaccine to the resulting condition
    • Often supported by expert testimony in off-table claims

To understand how these claims are filed through the VICP and what documentation is required:
How to file a vaccine injury claim.

What the Court Looks For

The VICP is not a traditional lawsuit, it’s a specialized federal claims system. The legal standard is known as “preponderance of evidence,” meaning the claim must be more likely true than not. But even in clear-cut cases, it’s not uncommon for valid petitions to be denied or delayed due to incomplete records, unclear timelines, or vague diagnoses.

Our role is to build a coherent, medically supported, legally sound narrative that aligns with the court's expectations and avoids common rejection points.

Why Solid Documentation Makes the Difference

A well-prepared claim will often include:

  • Hospital admission records
  • Emergency room reports
  • Specialist evaluations (e.g., neurology, infectious disease)
  • Imaging or lab results
  • History of prior adverse events or allergic reactions
  • Vaccine batch number and date of administration

Incomplete or disorganized documentation is one of the most common reasons claims fail, even when the underlying injury qualifies.

If you’re unsure whether your symptoms qualify. or if your diagnosis has evolved over time, My Vaccine Lawyer will help you determine if a case can be made under the VICP. Our team handles the full legal process, including obtaining medical records, consulting experts, and preparing your petition for federal review.

Request a confidential case assessment

Vaccine Brain Injury Claims: Real Outcomes From the VICP

When people evaluate whether to pursue a vaccine brain injury claim, they are not persuaded by general assurances. They want to know whether cases like theirs have been compensated, and at what level.

The following examples are drawn directly from My Vaccine Lawyer’s resolved claims through the Vaccine Injury Compensation Program, administered by the U.S. Court of Federal Claims.

These outcomes reflect injuries involving the brain, spinal cord, and nervous system, not minor or transient reactions.

Guillain‑Barré Syndrome After Influenza Vaccination

$2,473,607

A client developed Guillain‑Barré Syndrome following an influenza vaccine, resulting in significant neurological impairment and prolonged medical treatment. The case required extensive documentation, expert review, and long-term projections for care and functional loss.

Compensation accounted for:

  • Hospitalization and ongoing medical expenses
  • Neurological treatment and rehabilitation
  • Lost wages and future earning impact
  • Pain and suffering related to nervous system damage

Encephalitis Following TDaP Vaccination

$4,095,193

In one of the firm’s most significant outcomes, a client suffered encephalitis after a TDaP vaccine, leading to severe brain inflammation and permanent neurological consequences.

This claim was resolved through the VICP based on:

  • Clear temporal proximity to vaccine administration
  • Hospitalization and diagnostic imaging confirming brain injury
  • Long-term impairment requiring continued care

The award reflected:

  • Lifetime medical costs
  • Loss of earning capacity
  • Ongoing care associated with permanent brain damage

Transverse Myelitis After Vaccination

$140,000 – $148,000 Range

My Vaccine Lawyer has handled multiple claims involving transverse myelitis, a serious spinal cord condition affecting mobility and neurological function.

Examples include:

  • $140,000 for a child who developed transverse myelitis following an HPV vaccine, requiring hospitalization and physical therapy
  • $148,000 for an adult who experienced spinal cord inflammation following a TDaP vaccination, with prolonged recovery and functional limitations

These cases are often off‑table, meaning success depends on strong medical documentation and expert-supported causation.

Guillain‑Barré Syndrome With Severe Neurological Decline

$162,500 – $148,926

Several flu‑shot‑related GBS claims handled by MVL resulted in six‑figure compensation where clients experienced:

  • Progressive weakness
  • Loss of ambulation
  • Respiratory complications
  • Extended inpatient treatment, including IVIG

These outcomes underscore that even when recovery occurs, the legal system accounts for severity, duration, and disruption, not just final outcome.

See our other notable settlements.

What These Numbers Actually Tell You

These figures aren’t benchmarks or guarantees. They reflect:

  • The specific neurological condition
  • How quickly symptoms followed vaccination
  • Whether the injury involved the brain or spinal cord
  • The degree of permanent impairment
  • How thoroughly the claim was prepared and supported

Brain and nervous system injuries consistently fall at the higher end of VICP compensation, particularly where permanent disability or long-term care is involved.

Compensation for vaccine-related brain and spinal cord injuries is calculated based on the severity and permanence of the condition. Awards often include reimbursement for past and future medical expenses, lost income, rehabilitation, and in some cases, lifetime care.

For a full breakdown of how compensation is determined, including pain and suffering caps and medical projections in federal claims, see our full guide to vaccine injury compensation.

If your situation involves hospitalization, lasting neurological symptoms, spinal cord involvement, or an ongoing need for treatment following vaccination, your case may warrant serious review. The numbers above reflect what has been achieved when claims are properly structured and supported.

Speak with a vaccine injury attorney

What You Can Expect from the My Vaccine Lawyer Team

When you reach out to My Vaccine Lawyer, you’re not talking to a general injury firm, you’re working with a team that’s handled thousands of federal vaccine injury claims across the country, including complex cases involving brain and spinal cord injuries.

Our attorneys have recovered millions of dollars in compensation for clients diagnosed with Guillain-Barré Syndrome, encephalitis, transverse myelitis, and other rare neurological injuries. Every case is handled directly by a licensed vaccine injury lawyer, not by a call center or intake screener.

We guide you through the entire legal process: from gathering medical records to filing your claim in the U.S. Court of Federal Claims. You’ll always know where your case stands, and you’ll never be asked to figure it out alone.

To speak directly with a vaccine injury attorney, call (800) 229-7704 or email us at info@myvaccinelawyer.com.

Frequently Asked Questions About Vaccine Brain Injury Claims

What qualifies as a serious “adverse event” after vaccination in legal terms?

In the legal context, an adverse event refers to a documented medical complication following vaccine administration that results in serious symptoms, such as hospitalization, long-term impairment, or the need for ongoing treatment. Not all adverse reactions qualify. The VICP only recognizes injuries with strong medical and legal evidence, not minor issues like injection site soreness or temporary fatigue.

Can vaccine-related injuries lead to permanent brain damage?

Yes, although extremely rare, some cases involving brain inflammation, such as encephalitis or acute disseminated encephalomyelitis (ADEM), have led to permanent neurological damage. When a vaccine-caused injury results in lasting impairment, federal compensation may be available. These claims require detailed medical documentation and are evaluated on a case-by-case basis.

How is ADEM handled in vaccine injury claims?

ADEM is a complex, immune-mediated brain injury sometimes linked to influenza vaccines, the MMR vaccine, or the hepatitis B vaccine. While not always listed on the Vaccine Injury Table, cases involving ADEM may be compensated if the timeline and causation are properly supported. Our legal team has experience preparing these off-table claims in collaboration with qualified medical experts.

Do certain vaccines carry a higher risk of neurological injury?

Some vaccines appear more frequently in federal claims involving brain and spinal cord injuries. including the influenza vaccine, MMR vaccine, and DTaP/TDaP vaccines (which include protection against whooping cough). These are not unsafe in general terms, but in rare cases, they’ve been associated with conditions like Guillain-Barré Syndrome, encephalitis, or transverse myelitis. Agencies like the Centers for Disease Control (CDC) and World Health Organization (WHO) continue to monitor these risks closely.

Can I still file a claim if I received the rubella or yellow fever vaccine?

Yes. If your symptoms or diagnosis are consistent with recognized vaccine-related injuries, and if the timing aligns with VICP criteria, a legal claim may still be pursued, even with less commonly administered vaccines like the rubella vaccine or yellow fever vaccine. Each claim is evaluated on its own merit, including vaccine components, timing of onset, and whether other explanations (e.g., serious infections, immune conditions) have been ruled out.

What if my symptoms appeared weeks or months after the vaccine?

This is one of the most misunderstood parts of the VICP process. Some neurological conditions, especially those involving the nervous system or immune cells crossing the blood-brain barrier, may not emerge immediately. However, each condition has a legally recognized onset window. For example, GBS must generally develop within 3 to 42 days of vaccination. If you’re unsure about timing, our attorneys can help review your medical history and identify whether your claim falls within the appropriate limits.

Can I file a claim if the injury was caused by a vaccine manufacturer?

In most vaccine injury cases, you are not suing the vaccine manufacturer directly. Instead, claims are filed through the VICP, which is funded by a federal excise tax on vaccines, not by lawsuits against manufacturers. The legal focus is on proving that the injury was vaccine-caused, not on assigning negligence. That said, in very rare scenarios involving manufacturing defects or unauthorized ingredients, separate legal pathways may exist.

What role do immunosuppressive drugs or pre-existing conditions play in my claim?

If you were taking immunosuppressive drugs, or have a history of autoimmune or neurological disorders, it can affect the strength of your claim, but it doesn’t necessarily disqualify you. The court will evaluate whether your symptoms are more likely linked to vaccine administration, or to other factors like pre-existing disease or viral exposure. We work with expert medical reviewers to make sure these issues are addressed directly in your petition.

What should I do if my healthcare provider said the vaccine couldn’t have caused this?

It’s common for primary care doctors or emergency room providers to be unfamiliar with the legal standards used in vaccine injury claims. If your healthcare provider didn’t recognize a link, that doesn’t end your case. The VICP allows claims to move forward based on medical plausibility, expert testimony, and the exclusion of other likely causes, not just what was noted in your chart.

 

 

 

Meet the Author

Leigh Finfer - Associate Attorney

Leigh A. Finfer is a vaccine and personal injury attorney at Muller Brazil and My Vaccine Lawyer. Mrs. Finfer has been with the firm since June 2018 and her practice includes representing vaccine injury victims, personal injury victims, and those who suffer injuries as a result of unsafe drugs and medical devices.

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