Vaccine injuries can generally be placed into one of two buckets. While some of the side effects may be the same, the remedy for the injury may be different depending on the type of vaccine that it is. As a result, there may be different processes and procedures to follow in order to obtain the compensation that you rightly deserve for your injuries. The important thing to remember is that if you have suffered complications that have caused injury, you may be entitled to payment for your side effects. A vaccine injury lawyer can help you file your claim so that you may receive a settlement or get an award.
Vaccines can result in a number of different side effects. These can range from mile complications to more severe difficulties that can cause long-term damage. Some of these side effects can result from the manner in which the vaccine was administered. For example, if a vaccine shot is given to the wrong part of the shoulder, it can result in a loss of strength and motion in the shoulder. Other complications can result from the fact that the patient has an allergy to the contents of the vaccine that causes a severe reaction. Finally, some vaccines may be dangerous insofar as a number of people can be placed at risk due to the side effects that can be as severe as death.
As mentioned above, there is a line that divides the possible remedy for a vaccine injury. If the vaccine is not one that is given to children, you will have to file a product liability lawsuit against the manufacturer of the vaccine. This will be a similar lawsuit to any other type of defective medication or medical device. You will likely need to present expert testimony and scientific evidence in court to prove that the vaccine was unreasonably dangerous and that the maker should be held liable.
An example of this is the lawsuits against Merch for its shingles vaccine Zostavax. The company has faced thousands of lawsuits that were filed by patients who contracted shingles from the shingles vaccine. The plaintiffs claim that Merck became aware of this in premarket testing but did not disclose this. In addition, the vaccine has been tied to deaths among patients. While Zostavax is now being phased out in favor of a newer and safer vaccine, there are still lawsuits pending.
If vaccines have been administered to children, there is an entirely different mechanism whereby injured patients can file a claim for compensation. Congress faced a dilemma in the 1980s as to how to balance the interests of injured patients and the vaccine manufacturers. While Congress wanted to make sure that patients were not out of options when it came to remedies for their injuries, they also wanted to protect vaccine manufacturers. These companies were facing considerable liability in court for injuries suffered by patients. This would dissuade businesses from expending effort and investment to develop new vaccines.
As a result, Congress wanted to release these companies from possible liability for vaccine injuries. Yet, they also wanted to protect patients and award them compensation if they suffered damages. The compromise that Congress devised was the Vaccine Injury Compensation Program. The VICP provides the exclusive means of obtaining payment for the vaccines that are covered by the program.
Where the VICP is different is in how it is funded. It does not take money from vaccine manufacturers. Instead, it is funded by a tax that is assessed on every vaccination that is administered. Payments are then made out of the balance of the fund.
First, the injury that the patient suffered must be a recognized side effect that is included in the vaccine injury table. The Secretary of Health and Human Services will occasionally update the table to recognize new injuries. For example, SIRVA, which is a shoulder injury from the vaccine injection was recently added to the table and is now one of the most common reasons for compensation.
The VICP provides a streamlined mechanism where injured patients can file a claim. They will fill out a form and include evidence of their injuries. This will usually include medical records that document the claim. For some patients, that is the only step that they will have to do to become eligible for compensation. The government will assess the claim and may decide that it wants to settle the claim without any further hearing or proof required. Then, a settlement offer will be made and the plaintiff can decide if they want to accept the offer.
If the government does not want to settle the claim, the plaintiff will be required to have a hearing in front of a special vaccine court judge. There, the plaintiff will have to present evidence to persuade the judge that they deserve compensation. This will be slightly less formal than a trial, but it will still be a judicial hearing. If the judge still will not grant compensation, then the plaintiff has the ability to file an appeal.
The vaccine system is a specialized system
that requires an attorney to have specialized knowledge to navigate. While the system is streamlined, plaintiffs
will still have to file effective claims to persuade the government to settle
the case. This will require the
assistance of an attorney who has experience in this system. The need for an attorney is even more
pronounced in your case will require a hearing. If you have been injured by a
vaccine, you should contact an attorney immediately so that you can get your claim
filed within the applicable statute of limitations.
Author Bio
Mark T. Sadaka is the principal of Sadaka Associates, LLC, in Englewood, New Jersey with offices in New York and Maryland. He is an accomplished trial lawyer with a specialized medical background that has made him a leader and invaluable resource in the realm of medically complicated cases.
