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Flu Shot Season Is Here: Understanding the Distinction Between Table vs. Non-Table Injuries in the VICP

Posted by Richard H. Moeller | Nov 10, 2020 | 0 Comments

According to the CDC, although flu viruses are detected throughout the year, they are most common in the fall and winter months, a time period known as flu season. The seasonal flu vaccine is one of the most frequently administered vaccines in the United States, as the CDC generally recommends that individuals 6 months of age and older receive one every flu season. It is normally given either via an injection or nasal spray.

Although most people receive this routine vaccine without issue, there are times when someone has been injured due to the seasonal flu vaccine. The National Vaccine Injury Compensation Program (“NVICP”) may compensate individuals for certain types of injuries from a flu shot.   In the NVICP, injuries due to certain vaccines in general fall into one of two categories: a “Table” injury or “Non-Table” injury. A table injury is an injury listed on the Vaccine Injury Table, which is a list of all of the vaccines and injuries covered under the National Vaccine Injury Compensation Program (“NVICP”). If a person experiences a side effect or adverse reaction from one of the vaccines listed on the table (such as the seasonal flu vaccine) and the condition (such as SIRVA) lasts for six months or more, he or she may be entitled to compensation under the NVICP.

Generally, the table has three columns, 1) the type of vaccine, 2) the adverse reaction or injury associated with the vaccine, and 3) the time period from administration of the vaccine to the onset of symptoms. The purpose of the Table is to enable persons to more easily meet the criteria for eligibility for compensation as it is presumed the vaccine caused the injury. Adverse reactions that are listed on the table for the seasonal flu vaccine include anaphylaxis, Shoulder Injury Related to Vaccine Administration (“SIRVA”), vasovagal syncope, and Guillain-Barre Syndrome (“GBS”). 

If you experience an adverse reaction or injury not listed on the table after the administration of a seasonal flu vaccine, that does not mean your claim is necessarily invalid. An injury that does not fit the table, is considered a “Non-Table” or “Off-Table” injury. In this case, the person who suffers an adverse reaction from the vaccine must prove that the vaccine actually caused the injury, which can be very difficult to do and requires the help of medical and scientific evidence and experts. Unlike a “Table Injury,” the person must prove more than timing, and more than the fact that the illness or condition followed administration of the vaccine.  The type of vaccine you received must be listed on the table to be eligible to receive compensation for any type of injury.

You can contact us about these/Flu Vaccine injuries and any other possible Vaccine Injury by visiting our Contact page or using our Live Chat feature on any of our pages.  And you can learn more about the VICP and the firm's representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog. You can also email us directly at [email protected] or [email protected]

About the Author

Richard H. Moeller

Richard, a partner since 1996, has a broad practice, but practices primarily in litigated matters (vaccine injury, discrimination, & foreclosures), appellate practice, banking law, personal injury law, product liability, trial law at both the state and federal level.

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