Vaccine Injury Lawyers
Has your child suffered an injury and an adverse reaction to a vaccine? Contact Rosen Injury Lawyers to learn about your legal rights. You may be able to file a claim through the National Vaccine Injury Compensation Program and recover compensation for the terrible harm your family has suffered. Our experienced vaccine injury lawyers can help you fight to maximize your financial recovery.
Our compassionate vaccine lawyers would be more than happy to discuss your case and answer any questions you might have at this very difficult time. We offer a free, no-obligation case assessment, so don’t hesitate to reach out to our vaccine injury law firm for help today.
Can I Sue Pharmaceutical Companies For Vaccine Injuries?
Ordinarily, pharmaceutical companies can be held financially responsible for harm or injuries that are caused by the drugs and products they develop and sell. However, that’s not the case when it comes to vaccines. Since the mid-1980s, pharmaceutical companies have been immune from civil lawsuits over vaccine-related side effects, injuries, and deaths.
Specifically, the National Childhood Vaccine Injury Act of 1986 explains that “No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.”
The law has been challenged, but only to the benefit of vaccine manufacturers. In a 6-2 decision, the Supreme Court held that federal law “preempts all design-defect claims against vaccine manufacturers brought by plaintiffs seeking compensation for injury or death caused by the vaccine’s side effects.”
In other words, as a parent, you cannot sue a pharmaceutical company if your child is harmed because of an “unavoidable” side effect of a vaccine. Almost all side effects are unavoidable, as long as a vaccine is properly prepared.
However, you may still be entitled to money under the government’s National Vaccine Injury Compensation Program.
What is the National Vaccine Injury Compensation Program?
In the 1970s and 1980s, the number of vaccine injury lawsuits in the United States increased significantly. Most involved the DTP (diphtheria, pertussis, and tetanus) vaccine, which was blamed for developmental delays and chronic health issues in thousands of children. The mass tort litigation caused a lot of pharmaceutical companies to reassess their commitment to developing vaccines for the United States. Some stopped designing and making vaccines, altogether.
The only way that pharmaceutical companies would agree to make vaccines again is if doing so could be profitable. So, in 1986, Congress passed a law that protected pharmaceutical companies. In exchange for taking away the right to sue companies over vaccine injuries, Congress established the National Vaccine Injury Compensation Program (NVICP). The NVICP is a no-fault program that can provide compensation to Americans who claim that they’ve been injured by vaccines.
Under the NVICP, pharmaceutical companies are not the ones who compensate vaccine-injured claimants, Instead, the program is funded by a 75 cent tax on every vaccine dose that’s purchased.
To date, the NVICP has paid out more than $4.2 Billion in compensation to parents and families across the United States.
What Vaccines Are Covered Under the NVICP?
You may be entitled to file a claim under the NVICP and receive compensation if you or a loved one has suffered an adverse reaction to a vaccine that’s recommended “for routine administration” to kids or pregnant women by the CDC. Today, the CDC recommends that children receive more than 50 doses of vaccines before the age of 18.
Covered vaccines include:
- Diphtheria (e.g., DTP, DTaP, Tdap, DT, Td, TT)
- Haemophilus influenza type b polysaccharide conjugate vaccines (e.g., Hib)
- Hepatitis A (e.g., HAV)
- Hepatitis B (e.g., HBV)
- Human papillomavirus (e.g., HPV)
- Seasonal influenza (e.g., Flu)
- Measles (e.g., MMR)
- Mumps (e.g., MMR, MR, M)
- Meningococcal (e.g., MCV4, MPSV4, MenB-FHbp, MenB-4C)
- Pertussis (e.g., DTP, DTaP, Tdap)
- Pneumococcal conjugate (e.g., PCV)
- Polio (e.g., OPV or IPV)
- Rotavirus (e.g., RV)
- Rubella (e.g., MMR, MR, R)
- Tetanus (e.g., Td), and
- Varicella (e.g., VAR).
Non-seasonal flu vaccines, the shingles vaccine (herpes zoster), and certain pneumococcal polysaccharide vaccines are not covered by the National Vaccine Injury Compensation Program.
What Vaccine Injuries Are Eligible For Compensation Under the NVICP?
Pharmaceutical companies claim that vaccines are safe and effective. However, every year, tens of thousands of side effects and vaccine injuries are reported to the Vaccine Adverse Event Reporting System (VAERS).
These injuries may qualify for compensation through the Vaccine Injury Compensation Program if:
- You or your child was hospitalized or required surgery
- The injury has persisted for at least 6 months following vaccination, or
- The injury was fatal.
The NVICP specifically recognizes certain injuries in its Vaccine Injury Table. These include:
- Brachial Neuritis
- Shoulder Injury Related to Vaccine Administration
- Vasovagal syncope
- Chronic arthritis
- Chronic Inflammatory Demyelinating Polyneuropathy
- Thrombocytopenic purpura
- Transverse Myelitis
- Intussusception, and
- Guillain-Barré Syndrome.
Pharmaceutical companies also list all adverse reactions that are associated with the vaccines they market and sell. Commonly reported injuries, which might qualify you for NVICP compensation, include:
- Immune system disorders
- Blood and lymphatic system disorders
- Musculoskeletal and connective tissue disorders, including arthralgia and myalgia
- Nervous system disorders, including convulsions, febrile convulsion, paresthesia, and somnolence
- Subacute sclerosing panencephalitis
- Acute disseminated encephalomyelitis
- Transverse myelitis
- Aseptic meningitis
- Stevens-Johnson syndrome
- Nerve deafness, and
The risk of adverse reactions and injury likely increase when multiple vaccines – particularly those involving live viruses – are administered concurrently.
Did you know that many vaccine inserts warn that a potential side effect is the specific disease that the dose is intended to protect against? This includes the MMR vaccine, Polio vaccine, Rotavirus vaccine, Chickenpox (varicella) vaccine, and certain doses of the flu vaccine. If you contract the disease from the vaccine dose and sustain an injury, you may also qualify for compensation under the NVICP.
How Do I File a Vaccine Injury Claim?
If you, your child, or a loved one has suffered a vaccine injury, you can file a request to receive compensation under the NVICP. Remember, you won’t be filing a civil lawsuit against your doctor or the pharmaceutical company that developed the vaccine. Instead, you’ll have to submit a formal claim – called a petition – with the Court of Federal Claims in Washington, D.C.
Note, not all attorneys can handle vaccine injury cases. Be sure that you consult with a lawyer who has been specially admitted to practice in the Court of Federal Claims.
Once your petition is filed, a special judge – known as a Special Master – will be appointed to oversee and help resolve your case. Representatives from the Department of Health and Human Services (DHHS) and Department of Justice (DOJ) will also get involved. They’ll actually be the defendants and decide whether to concede that your claim is legitimate and offer compensation or challenge it in court.
If the DHHS and DOJ decide that your claim meets valid legal and medical criteria and warrants compensation, your case will proceed to the damages phase. Damages can be resolved through an out-of-court settlement or assessed by the Special Master.
If your petition is contested, the Special Master will hold a formal hearing. There, you and the government will have the opportunity to present witnesses and argue your case. The government will likely enlist the assistance of medical professionals to challenge the idea that your injury is the result of a vaccine. In the end, the Special Master will have the authority to determine the outcome of your dispute.
In the event that your petition is denied, you do have the right to file an appeal through the United States judicial system.
What Damages Can I Get If My Child Has Suffered a Vaccine Injury?
If your child or a loved one has suffered a debilitating adverse reaction to a vaccine, your family may be entitled to compensation for:
- Past, present, and future medical expenses
- Past, present, and future lost wages
- Temporary and/or permanent disability
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
- Attorney fees and legal fees, and more.
It’s important to note that the government caps damages for pain and suffering at $250,000.
Why Should I Hire a Vaccine Injury Lawyer?
Vaccines carry a lot of risks. Many of those risks are inherently unavoidable. There’s no doubt about that. It’s stated in federal law and has been affirmed by the Supreme Court of the United States. However, you might not have known about those risks. Even if you did, you might have hoped that the benefits of vaccination outweighed those risks.
Now you’re faced with a debilitating injury or, worse, have lost someone you love. At Rosen Injury Lawyers, we know that life is probably overwhelming and stressful right now. While you may be entitled to compensation, the road to a successful recovery might be more than you can handle on your own. The NVICP is supposed to offer prompt compensation. Sadly, that’s not usually how it works. The government contests a large percentage of claims. One study revealed that NVICP cases took longer to resolve than medical malpractice cases, which are notorious for taking a very long time.
Fortunately, you don’t have to navigate a complicated vaccine injury petition by yourself. Our skilled vaccine injury lawyers are prepared to help you fight to get every dollar that your family needs and deserves. When you call our compassionate team for help, we will:
- Carefully investigate your case, assess your medical records, and gather evidence that might help to strengthen your NVICP petition for damages
- Consult with medical experts so that we can fully appreciate the probable cause of your injury and how it will likely affect in the days, weeks, and months to come
- Craft and submit a persuasive petition for benefits on your behalf, backed by solid, expert-backed evidence, and
- Stand up and fight for you in court, should you be dissatisfied with settlement negotiations.
If your petition is denied, we won’t hesitate to appeal your case through the United States court system. Our vaccine injury attorneys will do whatever it takes to help you get the compensation you need and deserve.
How Long Do I Have to File a Vaccine Injury Claim?
The government will allow you to file a claim and request compensation if you or a family member has sustained a vaccine injury. However, you will not have an unlimited amount of time to do so. Instead, you’ll have to file a petition within three years of the date you first notice an adverse reaction or injury. Your claim will be barred and you won’t get any compensation if you allow the statute of limitations to expire.
Call Our Vaccine Injury Lawyers For Help
Have you or a loved one suffered an injury after receiving a vaccination? Contact Rosen Injury Lawyer for immediate legal assistance. You may have a legitimate claim for damages under the government’s National Vaccine Injury Compensation Program. Our experienced mass tort attorneys can help you obtain compensation and fight to maximize your financial recovery.
We offer a free consultation, so give our law offices a call to set up a time to discuss your case. There’s a limited amount of time to file a vaccine injury claim, so don’t hesitate to reach out to us to learn more today.