Infants and children will receive numerous vaccinations before they reach the age of five. In many cases, parents do not know that their children have any allergies that could place them at risk before the vaccines are administered. Sometimes, children begin to develop side effects and complications shortly after they are given the vaccination. When that happens, parents must focus on getting their children the medical attention that they need to treat the side effects, with hope that their children will make a full recovery. At the same time, they must also keep in mind the possibility that they may receive financial compensation if their child’s injury is serious enough. With that in mind, here are some steps that parents should take if their child is showing signs of an adverse reaction to a vaccine.
Monitor the Situation
Not every side effect is a serious one. Sometimes, children are just sore at the site of the injection or even have a slight rash. Parents do not always need to seek immediate medical attention.
Nonetheless, parents should continue to monitor their child’s condition and continuously check to make sure that it is not getting worse. Take the child’s temperature frequently and continue to check the injection site for signs of worsening swelling or a severe rash.
Get Medical Attention
If the symptoms appear to be severe or are rapidly worsening, it is essential to get prompt medical attention. Some vaccine side effects can have serious impacts on the child’s health both in the short and long term.
When in doubt, parents should err on the side of seeking medical attention for their child. Timely medical treatment can help keep the situation from getting worse and can put the child on the road to recovery.
Sometimes, quick medical treatment can make the difference between a serious medical situation that is nipped in the bud versus one that gets worse. Medical attention is a must especially if the child begins to run a high fever or displays any other serious side effects.
Document the Condition
One of the most important parts of a vaccine injury claim is medical records. Getting medical treatment is one way to make sure that the condition and side effects are documented.
In order to receive compensation, you will have to show that the child suffered some sort of injury from the vaccination. One of the foremost ways to show that there has been an injury is to put the medical records in front of the decisionmaker.
In addition to the medical records, take the time to document any other type of damages that have been suffered. Since these side effects involve a child, there will be no economic damages for time missed from work. Nonetheless, make sure to take as many pictures as possible and save evidence of any costs that have been incurred in response to the side effects.
Report the Side Effect
It is vital for the FDA to know that there has been a complication from a vaccine. A vaccine report is also another way of documenting side effects.
The FDA has a special system where you can report vaccine side effects. This database is called the Vaccine Adverse Event Reporting System. If there have been any complications, promptly report them to the VAERS. This is an online database and it takes very little time to fill out a complete report. Those who study vaccine side effects need to be fully informed about what is going on because they need to both disseminate information to the public and work with the vaccine manufacturers for safer products.
Hire an Attorney
When you have a child who has been injured by a vaccine, legal representation is a must. There is a mechanism in place for compensation. While families can attempt to handle the matter on their own, it is easier to do so with the help of an attorney.
Vaccine injuries are a specialized area and require someone with the scientific knowledge and experience to file a medical-based claim. Since many of these cases are decided on the record, it is essential to put your best foot forward with the initial claim that is filed. This can be done with the help of an attorney who knows the specialized vaccine injury system.
File a Claim
The Vaccine Injury Compensation Program (VICP) exists to pay financial compensation to those who have been harmed by a vaccine. It is funded by a tax that is levied on each dose of a vaccine.
There is a special vaccine court that handles vaccine injury claims. It does so largely through process where the plaintiff files a claim with some information about their injury and documentation of the claim.
VICP litigation will often result in cases that the government decides to settle on the basis of the written record that is initially presented as part of the claim. This is why a vaccine injury attorney is a must when filing a claim. When this happens, the government will often make a settlement offer and the two parties will agree on the amount. Other times, the government will concede that the party is owed compensation and the vaccine court will decide the amount of the compensation.
Sometimes, government attorneys will take the position that a claim does not have merit and that there should be no settlement. However, they do not have the final say in whether a claim deserves financial compensation. When this happens, the claimant is entitled to a hearing in front of a special master where witnesses can be called. The vaccine court will then issue a decision on the merits of the claim.
If your child has been injured by a vaccine contact the vaccine injury lawyers at The Law Offices of Sadaka Associates. We have experience in dealing with vaccine injury claims and working to get our clients financial compensation for their injuries. Please call today for a complementary evaluation of your case.
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