If you have suffered from a vaccine injury, it is important that you file a claim to get compensated under the National Vaccine Injury Compensation Program (NVICP). A vaccine injury occurs when someone experiences a severe reaction after getting vaccinated. Here are some of the basics you should know about vaccine injuries and claims and why you need to hire an attorney.
What Are Some of The Common Vaccine Injuries?
Some of the common vaccine injuries include:
- Seizure disorder
- Shoulder injuries such as SIRVA
- Miller-Fisher syndrome
- Acute inflammatory demyelinating polyneuropathy
- Autoimmune disorders
- Acute transverse myelitis
- Reactive arthritis
- Chronic inflammatory demyelinating polyneuropathy
- Thrombocytopenic purpura (ITP)
- Parsonage-Turner syndrome
Who Is Eligible to File a Claim For a Vaccine Injury?
You are eligible to file a claim for a vaccine injury if:
- You were vaccinated by a vaccine that the NVICP covers, and you have reason to believe that this vaccine harmed
- You are a legal guardian or parent of a disabled adult or child who got a vaccine covered by the NVICP, and you have reason to believe that they were harmed by this vaccine
- You act as the trustee of an estate of a deceased individual who got a vaccine covered by the NVICP, and you have reason to believe that they died as a result of injuries caused by the vaccine
What Injury Must I Have Sustained To Be Compensated?
There are no exact injuries you need to have sustained to entitle you to compensation; however, the court will look at the effects of the injury when granting compensation. The effects of your injury must have:
- Lasted for over 6 months after the vaccine was administered
- Led to a hospital stay and surgical procedure
- Led to death
How to Make a Claim for a Vaccine Injury
A person who goes through an adverse reaction caused by a vaccine is not permitted to make a claim against the firm that produced the vaccine or the doctor, physician, or clinic that administered it. All vaccine injury claims should be filed with the U.S. Court of Federal Claims (Washington).
The person who files a vaccine injury claim is called the petitioner, and in most cases, they are represented by an attorney. A vaccine injury petition is subjected to a statute of limitation. This means it should be filed within 3 years of the onset of the injury, illness, or condition. If the claim is for an injury that resulted in the death of a person, then it should be filed within 2 years.
Why Should You Hire a Lawyer to Represent Your Vaccine Injury Claim?
It is possible to make a petition in court for your vaccine injury. However, it is advisable to seek the assistance of a lawyer to better your chances of getting compensated. Here are a few ways a vaccine injury attorney can help:
Review Your Case
Your attorney will look at the facts of your case to determine whether you are eligible to file a claim. One of the things your lawyer will try to identify is whether your injuries are a direct result of the vaccine. Another thing your lawyer will seek to determine is whether your injuries were caused by a vaccine of the NVICP.
After making the determinations above, your lawyer will prepare evidence to support your case. This involves gathering medical statements and looking for other victims who suffered similar injuries in the past. Your lawyer will also be involved with depositions and interviewing persons of interest.
Finally, your lawyer will file a petition with the court of federal claims. In court, your lawyer will present a strong case for you and argue to get you compensated for your injuries.
GET HELP NOW!
You Only Have Three Years To File Your Claim
The first step in helping yourself or a loved one after a serious vaccine related injury is to contact us for a free review of your case.