When Should I Contact a Vaccine Injury Attorney?
When you visit the doctor or pharmacy, you have a reasonable expectation the vaccinations you receive there will not leave you worse off than when you arrived. In the majority of cases, these are administered safely, and any discomfort is temporary. In some cases, though, complications arise.
When injuries arise after you’ve received a vaccine, you have every right to seek compensation. If you’d like help pursuing vaccine injury compensation, reach out to us at Vaccine Injury Pros. No matter where you live, our vaccine injury law firm can help you as we represent clients throughout the United States. Set up a consultation when you’re ready to get started.
Understanding Vaccine Injuries
The National Vaccine Injury Compensation Program (VICP) is designed to help those who have been injured or who have lost their life due to a vaccine complication. However, not every vaccine or side effect that occurs after getting a vaccine is covered under the VICP. Some of the more common covered vaccines include:
Hepatitis A and B
Diphtheria, Tetanus, Pertussis
Measles, Mumps and Rubella
Pneumococcal conjugate (pneumonia, Prevnar 13)
In general, vaccine adverse events must meet one of the following three requirements:
They must last at least six months after the initial vaccine was administered, or
They required hospitalization and surgery, or
They resulted in death
Common Vaccine Side Effects vs. Injuries
There are some side effects when getting a vaccine that are expected and considered normal. For these, you will not be able to file a claim. However, injuries resulting from vaccines are treated differently and may qualify you for compensation.
Some common vaccine side effects that will not entitle you to compensation include:
Soreness or bruising at the injection site
Some common injuries that might entitle you to compensation include:
Shoulder injury (SIRVA)
Neurologic conditions (Guillain-Barré Syndrome, GBS, AIDP)
Vasovagal syncope (fainting)
Steps to Take After Suspected Vaccine Injury
If you believe you have signs of a vaccine injury, your first step is getting medical attention immediately. Nothing is more important than your health and safety. You should see a doctor, even if you’re worried about how you’ll pay for the services.
After this has been done, you should contact a vaccine injury attorney who can advise you on your next steps. While vaccine injury claims are rare, they’re also extremely important for those who have been genuinely harmed.
Evaluating Vaccine Injury Claims
The first step in a vaccine injury case evaluation will be to connect with a reputable lawyer who’s able to file claims on your behalf. Using their experience and consulting the Vaccine Injury Table, they’ll listen to the details of your case and offer initial advice on your chances of winning a vaccine side effects lawsuit. Once they’ve determined you have standing to submit a claim, they can then help you file an official lawsuit.
When to Consider Contacting an Attorney
Finding trusted vaccine injury legal assistance is crucial to getting you the help you need. While there’s nothing in the law that requires you to work with a lawyer, most injured parties find it incredibly helpful. Furthermore, you likely won’t have to pay any fees for this service. Even if you’re unsure whether or not you’ve been injured, it never hurts to reach out to learn more about your options.
Benefits of Hiring a Vaccine Injury Attorney
When you hire a vaccine injury attorney, you’ll gain the peace of mind knowing that you’ll have the guidance of a professional during this difficult time. Your lawyer can help you gather evidence, perform an initial evaluation of your case, prepare all the necessary paperwork, and address a vaccine injury claim denial should it occur.
The Legal Process for Vaccine Injury Claims
The vaccine injury claim process must be completed within the U.S. Court of Federal Claims in Washington, D.C., and not the state you live in. Therefore, it’s essential that every aspect of your claim is completed correctly and you have sufficient evidence to support it. Furthermore, you have to work with a lawyer who’s admitted to work with the Court of Federal Claims which many local attorneys are not authorized to do.
The process begins by first filing a petition with the U.S. Court of Federal Claims. Once your filing has been received by the U.S. Department of Health and Human Services, it will be assigned to a “Special Master” who are judges who only hear vaccine injury cases and will decide whether your injury claim is warranted. If the Special Master decides you are due compensation, they will work with your lawyer to finalize a settlement, though many such claims are settled outside of court.
It’s also essential to follow the vaccine injury statute of limitations, or else your claim may be rejected outright. The filing must be done within three years of the incident date for an injury or within two years if the incident resulted in death.
Finding the Right Vaccine Injury Attorney: Vaccine Injury Pros
For help with filing a vaccine injury claim, contact our firm, Vaccine Injury Pros. We’re available 24 hours a day and seven days a week and are committed to helping you get the help you need.