Is My Injury Worth Filing a Claim?

Is filing a Vaccine Injury Claim worth it?  This is a question we have been asked by many prospective clients, and most often the answer is YES, and this is not because we are trying to “sell” you that we are the best attorneys to pursue your claim. While we would greatly appreciate the opportunity to work with you, as attorneys we got into the field of law to help people and that is why we are vocal about National Vaccine Injury Compensation Program (VICP).

Often our clients come to us and feel that they are not “toughing it out” or are “complaining” by speaking to us. Routinely, we hear that potential clients don't want to be “sue happy” and wonder “Is my injury really worth calling about or pursuing?”  While we appreciate the thoughtfulness of potential clients the fact is, if you believe have suffered an injury as a result of a vaccination, looking into if you are entitled to compensation is absolutely worth it.

In this blog we will address why the program was established and why, even if you believe your injury is minimal, it is worth contacting us to investigate your claim. Next week, we will discuss how it is worth both your time, and an experienced VICP attorney's to investigate your claim.

The program was established for a reason…

The National Vaccine Injury Compensation “VICP” was established upon Congress recognizing that while vaccines have prevented thousands, likely millions, of people from suffering and falling ill from Measles, Influenza, Hepatitis and other illnesses, the administration of vaccines is not without risk. Simply put, our government recognized that reactions can and still do occur. The tradeoff for the implementation of widespread vaccination protocols and the prevention of those illnesses came with the realization that there needed to be a way to acknowledge when reactions occur. As uncomfortable as it may be, the only way to acknowledge those that have suffered an injury is with monetary compensation and that is why the VICP was created.

One of the most common vaccination injuries is a Shoulder Injury Resulting from Vaccination (SIRVA), you can read more about what a SIRVA injury is here. A SIRVA injury is just how it sounds, an individual receives an injection and as a result of the injection, suffers a shoulder injury. While the injury must meet certain criteria, such as it must result in pain and loss of mobility that occurs shortly after the injection and continues for more than six months- the VICP recognizes that not all vaccinations are simply a shot- and that injuries and reactions occur.

But my injury isn't that bad, I can still function…

Our number one concern when we speak with potential clients is their health. It is common for our first question to be “how are you doing” when discussing cases with potential clients. We really do care and wish for a speedy and seamless recovery from any injury our clients are experiencing. And while we appreciate the perspective our clients often believe that their injury isn't “that bad”, it is our job as advocates to let you know that while you may be minimizing your experience as “not that bad” that does not mean you haven't suffered and that what you experienced isn't worthy of compensation from the VICP.  The sleepless nights you may have had, the anxiety of not knowing what your future may hold, the events you declined on attending because you simply didn't want to deal with conversing while others while in pain- these are all things that you have had to endure. In other words, while you may find your experience minimal, the VICP was created and exists to acknowledge and address the pain and suffering, medical expenses, and loss of income that may have resulted from your vaccination.

It is important to remember that if after speaking with you, we believe you may have a claim, we will investigate the matter at NO COST to you. If we don't feel that you have a viable claim, we will tell you that as well. Simply, there is no downside to contacting us, it is worth it. You can contact is by visiting our Contact page. You can also email me directly at nnobbe@mooreheffernanlaw.com. And you can learn more about the NVICP and the firm's representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.