What is Medical Vaccine Injury?
November 6, 2023
A medical vaccine injury occurs when an individual experiences unintended or adverse health effects that take place following the administration of a vaccine. The injuries can range from pain or swelling following injection, mild fever or body fatigue to allergic reactions, seizures, and neurological complications. The occurrence of vaccine injuries has been a significant matter of concern, therefore, the medical community regularly monitors and investigates reports of the unintended health consequences caused by administered vaccines.
What is the National Vaccine Injury Compensation Program (VICP)?
The National Vaccine Injury Compensation Program (the “VICP”) is a U.S. federal program that provides compensation for individuals who have experienced negative health impacts from taking a vaccine. This program was established after a large number of lawsuits were placed against vaccine manufacturers, which resulted in healthcare providers threatening to decrease the production and supply of vaccines to make the vaccines less accessible to the general public. To combat this issue, the VICP was created to allow individuals to receive financial compensation from the government itself, rather than having them file a lawsuit against the various vaccine manufacturers.
How to Receive Compensation in a Medical Vaccine Injury Case?
Compensation is the payment that is received by a victim or their family member’s/ representatives in order to offset losses, or harm. The purpose of compensation is to provide justice to the individual or associated party through a financial or non-financial solution. In terms of a vaccine injury claim, the given compensation would include the coverage of medical expenses, lost wages and pain and suffering.
The first step to receive compensation for vaccine injuries is to file a claim with the VICP. Some of the information that should be addressed in the claim include type of injury, when the vaccine was given, which vaccine caused the injury to the said individual, and how long the effects of the vaccine injury lasted. Medical records and relevant documents would also be included as evidence to support the claim.
In order to win a vaccine injury case, you do not need to prove that the specific vaccine manufacturer was at fault. The VICP is a “no-fault” system, which means that in order to attain compensation all that would need to be done is to prove that the injuries endured were caused by the vaccine in question. In order to evaluate the injury claim, the VICP utilizes a Vaccine Injury Table that lists specific vaccines given in the U.S., and the injuries most commonly associated with them. Additionally, in order to initiate a vaccine injury claim the victim or their families must file the case within 3 years of the injury taking place. The likelihood of receiving compensation for harm done is the highest if a timely injury claim is aligned with vaccine injuries listed on the Vaccine Injury Table.
Navigating medical vaccine injuries cases can be a challenging process. Let our team of lawyers at Ball Eggleston assist you in seeking the compensation you deserve. Contact us today with any questions!