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Vaccine Injury
& Evidence

The Proof and Documentation Required
to Obtain Compensation

Certain proof and documentation may be required to obtain compensation for vaccine injuries. The specific requirements can vary depending on the country and the legal framework for vaccine injury compensation. 

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Our Founder Paul Brazil explains what a shoulder injury related to vaccine administration entails, how common it is, and more. SIRVA is the most common injury in the Vaccine Injury Compensation Program.

Vaccine Injuries: The Proof and Documentation Required to Obtain Compensation

Certain proof and documentation may be required to obtain compensation for vaccine injuries. The specific requirements can vary depending on the country and the legal framework for vaccine injury compensation.

As of 2022, The Vaccine Injury Compensation Program (VICP) in the US has received over 25,000 petitions since its establishment in 1988. Out of these, just over 21,000 petitions have been resolved through adjudication. Among the resolved cases, 9,070 were deemed compensable, while 12,150 were dismissed. The program has paid approximately $4.8 billion in compensation over its three-decade existence, according to the US Health Resources and Services Administration.

Compensation is very much available to victims of vaccine injuries, but certain hoops need to be jumped through to qualify for it. Vaccine injury proof and documentation are necessary to maintain the program's integrity and offer a meaningful return for those who have suffered. This article will discuss the proof and documentation required to obtain compensation for vaccine injuries.


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Hear Cheryl's Vaccine Injury Story

Cheryl suffered SIRVA (shoulder injury related to vaccine administration) following a flu shot. Her vaccine injury claim was filed in the VICP by vaccine lawyer Max Muller where she obtained a large cash settlement for her pain and suffering, lost wages and out of pocket medical expenses.

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What Must I Prove to Confirm My Vaccine Injury?

To confirm your vaccine injury, you typically must:

Prove You Have Been Injured

Medical plausibility ensures the claimed connection between the vaccine and the injury aligns with established scientific knowledge and principles. It requires evidence or expert opinions demonstrating a logical and scientifically supported relationship between the vaccine and the specific injury or adverse reaction.

Medical plausibility helps distinguish between injuries genuinely caused by the vaccine and those that may be coincidental or caused by other factors. Vaccines are administered to large populations, and some injuries or adverse events may occur naturally or due to unrelated causes. Medical plausibility helps determine whether the vaccine reasonably explains the observed injury.

Prove Cause-and-Effect

Establishing cause and effect helps determine whether the vaccine is responsible for the injury or adverse event. It allows medical professionals and authorities to accurately attribute the harm to the vaccination rather than other factors, such as pre-existing conditions or unrelated causes.

Identifying cause-and-effect relationships is crucial for evaluating the safety profile of vaccines. By documenting and confirming vaccine injuries, health authorities can assess the risks and benefits of specific vaccines, make informed decisions about their continued use, and take necessary measures to enhance vaccine safety.

Prove The Timing of Your Symptoms

Demonstrating that your symptoms appeared shortly after receiving the vaccine strengthens the argument for a causal connection between the vaccine and the injury. It suggests that the vaccine was the most likely trigger for the symptoms rather than a coincidental occurrence.

Vaccines are known to have potential side effects, but these reactions are typically expected to occur within a specific timeframe. By establishing that your symptoms align with the recognized vaccine side effects window, you support your claim's plausibility.

The timing of symptoms helps rule out alternative explanations for your injury. If your symptoms developed shortly after vaccination and there are no other evident causes, it strengthens the case that the vaccine was the primary factor contributing to your injury.

Prove That You Have Experienced A Qualifying Vaccine Injury

Many legal frameworks and compensation programs have specific deadlines and requirements for reporting and documenting vaccine injuries. A timely doctor's diagnosis ensures you meet these requirements and enhances your compensation or legal recourse eligibility.

The diagnosis is crucial because it establishes that your symptoms manifest within an appropriate timeframe after receiving the vaccine. This helps demonstrate the temporal connection between the vaccination and the onset of your injury, further supporting your claim. A doctor's diagnosis provides official medical documentation of your condition. It establishes the professional assessment and expert opinion regarding the nature and extent of your injury, linking it to the vaccine.

Prove The Costs

By demonstrating the financial costs you have incurred, such as medical expenses, rehabilitation costs, or lost wages, you provide a basis for seeking compensation.

Proving future costs is essential to ensure that you receive adequate compensation for ongoing medical treatment, long-term care, therapy, or other necessary support. It allows for anticipating and covering potential future expenses associated with your vaccine injury.

Establishing non-financial costs, such as pain and suffering, emotional distress, loss of quality of life, or impact on personal relationships, helps acknowledge the broader impact of the vaccine injury on your overall well-being. It recognizes the intangible losses you have experienced and may be factored into compensation calculations.

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What Documents Are Required to Confirm My Vaccine Injury?

The documents required to confirm a vaccine injury may vary depending on the jurisdiction and compensation program involved. However, generally, the following documents are commonly required:

Prenatal and Birth Records

  • Mother's prenatal record
  • Delivery record 
  • Birth Certificate
  • Newborn hospital records, including doctors'/nurses' notes and radiology/lab results 
  • Any hospitalization face sheet with the final diagnosis

Medical Records Prior to Vaccination

  • Clinic notes (such as Well Baby visits)
  • Private doctor visits
  • Growth charts/lab/radiology results 
  • Consultation reports and evaluations
  • Developmental charts

Vaccination Record (if available) 

  • Lot number
  • Manufacturer

Post-Injury Hospital/Emergency Treatment Records Admission/Discharge Summaries

  • History and physical records 
  • Progress notes (including doctors’/nurses’ notes) 
  • Medication records Lab/radiology/EEG results
  • Flow sheets(respiratory care/treatments) 
  • Consultation reports and evaluations

Post-Injury Outpatient Records

  • History and physical records
  • Progress notes (including doctors’/nurses’ notes)
  • Medication records Lab/radiology/EEG results
  • Clinic notes
  • All evaluations

Vaccine Adverse Event Reporting System (VAERS) Form

  • *If Submitted

Long Term Records(that apply to your injury) 

  • School records 
  • Consultation reports and evaluations 
  • Educational testing records 
  • Psychological testing records 
  • Police/ambulance records

Death Records(if applicable) 

  • Death Certificate 
  • Autopsy report (if done) 
  • Autopsy slides 

All of the above information is courtesy of the National Vaccine Injury Compensation Program.

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