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Each and every day, adults and children around the world are safely vaccinated against disease and illness. However, severe and debilitating reactions to vaccines can and do occur. It is because of these unfortunate instances that Congress created the National Vaccine Injury Compensation Program (NVICP). This program was created to help victims of adverse vaccine reactions recover compensation for their injuries as well as to avoid lawsuits against doctors or vaccine manufacturers. This fund as paid more than $3.2 billion to victims across the nation.
If you or somebody you know has been injured by a vaccine, contact The Carlson Law Firm right away for a free case consultation. You can contact us online via our contact forms, or call us directly at 800-359-5690 to speak with a member of our vaccine litigation team.
A vaccine lawsuit is filed in the U.S. Court of Federal Claims, instead of regular state or federal courts like other drug injury claims. Another difference is that the VICP is a no-fault compensation program. This means that you do not need to prove that your injury was caused by a doctor or the vaccine company’s mistake. You only need to establish that there is a high likelihood that your injury was caused by the vaccine.
Which Vaccines Are Covered?
The following vaccines are covered by VICP:
Flu Vaccine (Trivalent influenza vaccine – TIV)
Chicken Pox Vaccine (Varicella vaccine – VZV)
Hepatitis A Vaccine (HAV)
Hepatitis B Vaccine (HBV)
Tetanus Vaccine (DTaP, DTP, DT, Td, Tdap, TT)
Pertussis Vaccine – Whooping Cough (DTaP, DTP, Tdap, P, DTP‑Hib)
Hemophilus influenzae type B (Hib)
Measles, Mumps, Rubella vaccine or any of its components (MMR, MR, M, R)
Human Papillomavirus (HPV) (Gardasil and Cervarix)
Meningococcal vaccines (MCV4, MPSV4)
Pneumococcal conjugate vaccines (PCV)
Rotavirus Vaccine (RV)
Polio (OPV and IPV)
Any combination of the vaccines above (Trivalent, Quadrivalent, etc.)
Additional vaccines may be added in the future
Common Vaccine-Related Injuries
Every year, a small percentage of the population suffers adverse reactions to vaccinations which range in severity. Common injuries include but aren’t limited to:
Shoulder/Arm Pain: A vaccine that is injected improperly may cause sharp shoulder pain, upper arm pain, permanent swelling and tenderness at the site of injection, lumps/nodules and injuries to the nerves at the site of injection, rotator cuff injury, and frozen shoulder. A vaccination may also result in Shoulder Bursitis, Brachial neuritis, Adhesive Capsulitis, and other shoulder injuries. These symptoms can last for several months or even longer.
Acute Disseminated Encephalomyelitis (ADEM): Acute disseminated encephalomyelitis (ADEM) is linked to reactions that individuals encounter after vaccination. Those with ADEM suffer inflammation of the spinal cord and the brain. The influenza vaccine is known to cause ADEM.
Chronic Inflammatory Demyelinating Polyneuropathy (CIDP): Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) is an autoimmune condition that is neurological in nature and caused by foreign elements attacking a person’s immune system. CIDP is a neurological disorder characterized by progressive weakness and impaired sensory function in the legs and arms. CIDP is closely related to Guillain-Barre syndrome and it is considered the chronic counterpart of that acute disease.
Guillain-Barre Syndrome (GBS): Guillain-Barre syndrome (GBS) can be triggered by infections or immunizations. The influenza vaccination has been associated with an increased risk of GBS. Following a vaccination, an autoimmune response occurs which affects the peripheral nervous system. uillain-Barré syndrome (GBS) is a disorder in which the body’s immune system attacks part of the peripheral nervous system. The first symptoms of this disorder include varying degrees of weakness or tingling sensations in the legs. In many instances the symmetrical weakness and abnormal sensations spread to the arms and upper body. These symptoms can increase in intensity until certain muscles cannot be used at all and, when severe, the person is almost totally paralyzed. Cases have been reported following administration of influenza, Hepatitis B, MMR, HPV, Varicella, and Meningococcal vaccinations.
Transverse Myelitis (TM): Transverse myelitis (TM) is a rare inflammatory disease causing injury to the spinal cord with varying degrees of weakness, sensory alterations, and autonomic dysfunction (the part of the nervous system that controls involuntary activity, such as the heart, breathing, the digestive system, and reflexes). It may occur as a result of a vaccination. The source and type of vaccination are often disputed—it may be linked to a reaction to the flu vaccine or hepatitis B, as well as other types of vaccinations.
Who Is Eligible To File A Vaccine Injury Claim?
You may file a vaccine lawsuit if you or your child received a vaccine covered by the VICP, and believe that you have been injured by this vaccine.
You may also file a vaccine lawsuit if you are the legal representative of the estate of a deceased person who received a vaccine covered by the VICP, and believe that the person’s death resulted from the vaccine injury.
With respect to a vaccine‑related injury, the statute of limitations requires that you file a claim with the U.S. Court of Federal Claims within 3 years from the onset of first symptoms. If you are filing a claim on behalf of a deceased person, a claim must be filed no later than 2 years from the date of death.
Why The Carlson Law Firm Is The Right Choice For Your Vaccine Lawsuit
At The Carlson Law Firm, we have been representing injured victims and their families for over 40 years. Our team of highly-skilled attorneys and legal staff includes in-house registered nurses and investigators. At The Carlson Law Firm, we pride ourselves on offering signature customer service to our clients. To us, you’re family.
The Carlson Law Firm has 12 locations across the state of Texas and is currently accepting vaccine injury cases from all 50 states. If you or somebody you know has been injured by a vaccine, please contact our team immediately for a free consultation.
There Are No Attorneys’ Fees Or Costs to You
If you are considering filing a claim, you may hesitate when you think of the attorney’s fees. As a Petitioner, you are not responsible to pay attorney’s fees. There is no cost to you to hire our vaccine injury law firm. Our firm will pay the cost of litigating your case such as filing fees, medical records copying fees, expert physician fees, etc. At the conclusion of your case, our firm will seek reimbursement for litigation cost and attorney’s fees from the Court.