Vaccines play a crucial role in protecting public health by preventing the spread of infectious diseases. While vaccines are generally safe and effective, there are rare instances where individuals may experience adverse reactions or injuries as a result of vaccination. In such cases, individuals may seek legal assistance to pursue compensation for their injuries.
Pond Lehocky Giordano LLP is here to help. Our team of experienced vaccine injury lawyers specialize in this unique area of law, providing expertise and guidance to those who have been adversely affected by vaccine injuries. If you or a loved one suffered or passed away due to injury or side effects caused by a vaccine or the administration of a vaccine, you deserve justice. Our experienced team of pharmaceutical liability attorneys is dedicated to winning the maximum possible compensation for you so that you can have restitution for your pain, suffering, and medical bills. With over 250 years of combined courtroom experience and a track record of over 100,000 successful cases, our skillful trial lawyers are more than qualified to represent you in your lawsuit.
To schedule a free, no-obligation consultation with the legal experts at Pond Lehocky Giordano LLP, call 1-800-568-7500 or fill out our contact form today.
How A Vaccine Injury Lawyer Can Help With Your Lawsuit
A vaccine injury lawyer can provide a wealth of knowledge and experience as they help you navigate the complex legal landscape surrounding vaccine injuries. Our pharmaceutical liability team can:
- Evaluate your case: They will assess the details of your situation to determine if you have a viable claim.
- Guide you through the National Vaccine Injury Compensation Program (VICP): This includes understanding the correct legal process, exact timelines, and thorough documentation required for a successful injury claim.
- Gather necessary evidence: This involves collecting medical records, expert testimonies, and other relevant information to build a strong case for you.
Represent you in court: If your case goes to trial, a lawyer will advocate on your behalf, presenting your case to ensure the best possible outcome. - Maximize your compensation: Our experienced lawyers understand the importance of your claim and will work tirelessly to ensure you receive fair compensation for your injuries.
Why are Shoulder Injuries Related to Vaccine Administration (SIRVA) So Common?
SIRVA, or Shoulder Injury Related to Vaccine Administration, occurs when a vaccine is improperly administered into the shoulder, leading to pain, reduced mobility, and other complications. The prevalence of SIRVA is partly due to the variability in individuals’ anatomy and the technique used by the person administering the vaccine. Incorrect needle length, angle, or injection site can result in the vaccine being delivered into the shoulder capsule rather than the muscle tissue, causing inflammation and injury.
What are the Most Common Forms of SIRVA Named in Lawsuits?
SIRVA can manifest in different ways. Our vaccine injury lawyers most commonly see the following types of SIRVA in our clients:
- Frozen Shoulder (Adhesive Capsulitis): This condition manifests as intense shoulder pain and stiffness. While many cases improve with medication and physical therapy, some might require surgical intervention.
- Brachial Neuritis: This involves sudden, severe shoulder pain followed by weakness or numbness that can spread down the arm, caused by inflammation. Treatment may mirror that of frozen shoulder.
- Limited Mobility: A common consequence of SIRVA is a diminished range of motion, which can hamper daily activities or work performance. Intensive therapy might be necessary to regain muscle strength and dexterity.
- Rotator Cuff Injury: An injection given too high or deep into the shoulder can damage the rotator cuff if it inflames or penetrates the tendons and bursa. Early symptoms often include sharp shoulder pain, indicating the need for prompt treatment to prevent further damage.
- Shoulder Bursitis: This occurs when a vaccine injection improperly inflames the bursa, a sac that reduces friction in the shoulder. This condition can lead to shoulder bursitis, and in rare instances, the inflammation could cause an infection, leading to more serious conditions like sepsis.
- Tendonitis: Inflammation of the tendons in the shoulder can cause tendonitis, resulting in significant discomfort and activity limitation for an extended period. Treatments range from rest and medication to steroid injections and physical therapy.
It’s crucial to be aware that SIRVA symptoms might develop slowly. If you begin experiencing shoulder pain, stiffness, or inflammation at the injection site, even after some time has passed, consider your recent vaccination as a potential cause. Dismissing these symptoms could delay addressing a possible shoulder injury linked to the vaccine administration.
Prompt consultation with a specialized vaccine attorney is essential if you suspect SIRVA. Recognizing your injury early and seeking legal advice can be critical in securing financial compensation for medical expenses and other losses. Delaying could risk forfeiting your chance for compensation due to time constraints on legal claims.
Other Common Vaccine Injuries, Disorders, and Reactions
While Shoulder Injuries Related to Vaccine Administration (SIRVA) are widely recognized, they are not the only adverse effects that can stem from vaccinations. A number of other injuries and reactions associated with vaccines can lead to significant health challenges and, consequently, legal claims. Among these, Guillain-Barré syndrome (GBS), encephalitis, and anaphylaxis are particularly noteworthy due to their severity and potential for long-term health consequences.
Guillain-Barré Syndrome (GBS)
Guillain-Barré Syndrome is a rare but serious autoimmune disorder where the body’s immune system mistakenly attacks part of its peripheral nervous system—the network of nerves located outside of the brain and spinal cord. This can lead to muscle weakness, numbness, and even paralysis. Although the exact cause of GBS is not fully understood, it has been associated with vaccinations, most notably the influenza vaccine. The onset of GBS can be rapid, and while many individuals fully recover, some are left with significant, long-term disabilities. Treatment often involves hospitalization, and in severe cases, therapies like plasmapheresis or intravenous immunoglobulins to help reduce the immune system’s attack on the nerve cells.
Encephalitis
Encephalitis, or inflammation of the brain, represents another severe vaccine injury. This condition can manifest as fever, headache, confusion, seizures, and, in severe cases, brain damage or death. Various vaccines have been linked to encephalitis, albeit rarely. The mechanisms behind vaccine-related encephalitis are not entirely clear but are thought to involve an immune response that inadvertently affects the brain. Treatment typically involves antiviral medications, anti-inflammatory drugs, and supportive care to manage symptoms. The prognosis for encephalitis varies, with some individuals recovering fully and others experiencing lasting effects, such as cognitive deficits or physical impairments.
Anaphylaxis
Anaphylaxis is a rapid, severe allergic reaction that can occur in response to a vaccine. This reaction can be life-threatening and requires immediate medical attention. Symptoms of anaphylaxis may include a rash, nausea, vomiting, difficulty breathing, and shock. Vaccines contain various components, including egg proteins, gelatin, and yeast, which can trigger allergic reactions in some individuals. The occurrence of anaphylaxis following vaccination is extremely rare, but when it happens, it is considered a medical emergency. Treatment usually involves the administration of epinephrine, followed by supportive care to stabilize the patient’s condition.
What Is the National Vaccine Injury Compensation Program?
The National Vaccine Injury Compensation Program (VICP) is a federal program established to compensate individuals who have been injured by certain vaccines. It provides a no-fault alternative to the traditional legal system for resolving vaccine injury petitions. The VICP covers medical expenses, lost wages, and pain and suffering, aiming to ensure that those injured by vaccines receive fair compensation while maintaining the stability of the vaccination program.
What Vaccines Are Covered by the VICP?
The VICP covers most vaccines recommended by the Centers for Disease Control and Prevention (CDC) for routine administration to children and adults. These include:
- Diphtheria
- Haemophilus influenza type b polysaccharide conjugate vaccines
- Hepatitis A
- Hepatitis B
- Human papillomavirus
- Seasonal influenza (flu)
- Measles
- Mumps
- Meningococcal
- Pertussis
- Pneumococcal conjugate
- Polio
- Rotavirus
- Rubella
- Tetanus
- Varicella
- And others specified by the program.
For additional details, refer to the vaccine coverage information provided by the Health Resources & Services Administration.
What Vaccines Are Not Covered by the VICP?
Vaccines not covered by the VICP typically include those not recommended for routine administration to children or adults, such as vaccines for travel purposes (e.g., yellow fever, typhoid). Additionally, COVID-19 vaccines, while highly publicized and distributed, have their compensation program under the Countermeasures Injury Compensation Program (CICP) as of the last update (February 2024).
How to File a Vaccine Injury lawsuit Claim
Filing a vaccine injury claim ideally involves the steps listed below. Note that our pharmaceutical liability lawyers can help you with every part of this process. Dealing with your injury and your medical bills can be daunting enough prospects on their own – with help from our expert team, you’ll be able to focus on your recovery without stressing about every little detail of a lawsuit.
Consult with a Vaccine Injury Lawyer: It’s crucial to seek professional legal advice that can help you navigate the process as effectively as possible.
File a Petition: This includes submitting a legal document to the U.S. Court of Federal Claims, detailing the injury, the vaccine administered, and the requested compensation.
Provide Medical Records: Submit comprehensive medical documentation supporting your claim of vaccine-related injury.
Secure Expert Testimony: Often, expert medical testimony is required to establish a link between the vaccine and the injury.
Await Compensation Decision: The court will review the evidence and decide on the eligibility for compensation and the amount to be awarded.
Submit Claim Denial Appeal (if necessary): About 20% of all VICP claims are denied. If this happens, your lawyer can help you file an appeal.
Navigating the complexities of a vaccine injury claim alone can be intimidating. However, with the right legal support and thorough preparation, individuals affected by vaccine injuries can pursue the compensation they deserve. Vaccine injury lawyers play a pivotal role in this process, offering the expertise and advocacy needed to navigate the legal system effectively. Whether dealing with SIRVA, GBS, encephalitis, or any other vaccine-related injury, these specialized attorneys are essential for achieving a fair outcome in vaccine injury cases.
Frequently Asked Questions About Vaccine Injury Lawsuits
What steps should I take if I sustain an injury from a vaccine or experience a severe reaction?
If you’ve suffered an injury or had a serious reaction following a vaccination, it’s important to act promptly to ensure your health and legal rights are protected. Here are the steps you should follow:
- Seek Medical Attention: Your immediate priority should be to get medical care. A healthcare professional can diagnose your condition, provide necessary treatment, and document your injury or reaction, which is crucial for any future legal action.
- Document Everything: Keep detailed records of your medical visits, treatments received, and how the injury or reaction affects your daily life. This documentation will be valuable if you decide to pursue a legal claim.
- Report the Injury: Submit a report to the Vaccine Adverse Event Reporting System (VAERS). This national system collects data on adverse reactions to vaccines and is a critical component of vaccine safety monitoring in the U.S.
- Consult with a Vaccine Injury Attorney: An attorney specialized in vaccine injury cases can offer you guidance on your legal options and the next steps to take, including whether you are eligible to file a claim under the Vaccine Injury Compensation Program (VICP).
Who is eligible to file a claim with the Vaccine Injury Compensation Program?
The VICP is designed to compensate individuals who have been injured by vaccines covered under the program. You may be eligible to file a claim if you are:
- An individual who received a vaccine covered by the VICP and believes you were injured as a result.
- A parent or legal guardian acting on behalf of a child or disabled adult who was injured by a vaccine.
- A legal representative of the estate of a deceased person who died as a result of a vaccine injury.
What compensation can be awarded in a vaccine injury lawsuit?
In vaccine injury cases adjudicated through the VICP, compensation may include:
- Medical and Rehabilitation Expenses: Costs for medical treatment, rehabilitation, and ongoing care related to the vaccine injury that are not covered by insurance.
- Lost Wages: Compensation for lost earnings due to the injury.
- Pain and Suffering: Awards for the physical and emotional distress caused by the vaccine injury, capped at $250,000 under the VICP.
- Death Benefit: In cases where the vaccine injury results in death, the program provides a death benefit to the estate of the deceased.
Can I file a lawsuit for a COVID-19 vaccine injury?
COVID-19 vaccine injury claims are handled differently from other vaccine injury claims under the VICP. As of the most recent guidelines, injuries from COVID-19 vaccines are evaluated under the Countermeasures Injury Compensation Program (CICP), which covers injuries from vaccines, medications, or devices used to treat or prevent diseases declared to be a public health emergency.
To pursue a claim for a COVID-19 vaccine injury under the CICP, you would need to:
- Prove the Injury: Demonstrate that you sustained a serious physical injury as a direct result of receiving a COVID-19 vaccine.
- File within the Deadline: Submit your claim within the specified time frame after receiving the vaccine or after the onset of the injury.
The process and criteria for compensation under the CICP can be complex, and the types of damages awarded may differ from those in the VICP. Consulting with a lawyer experienced in vaccine injury claims is crucial to navigating this process effectively.
What is the most common vaccine injury?
The most frequently reported adverse effect following vaccine administration is SIRVA, or Shoulder Injury Related to Vaccine Administration. These adverse reactions can range from acute shoulder and upper arm pain to more severe conditions such as persistent swelling, tenderness at the injection site, formation of lumps or nodules, nerve damage near the injection area, injuries to the rotator cuff, adhesive capsulitis (commonly known as frozen shoulder), and brachial neuritis. Such injuries can occur with any vaccination and are collectively referred to due to their commonality.
Can you sue for SIRVA?
Yes, individuals who experience a shoulder injury as a result of vaccine administration, referred to as SIRVA, are eligible to seek financial compensation through legal channels. This process begins with filing a claim against the VICP in the U.S. Court of Federal Claims. The legal system offers a pathway for those affected to recover damages for their injuries.
How long do SIRVA cases take to reach a settlement?
The duration required to resolve a SIRVA claim varies widely based on factors such as the injury’s severity, the case’s complexity, the clarity regarding who is at fault, and the disputed compensation amount. On average, the resolution of most claims occurs within 12 to 14 months. However, some cases may be settled more swiftly, while others could extend over several years, depending on the individual circumstances.
What is the average payout for SIRVA claims?
The average compensation for SIRVA claims stands at approximately $80,000. It’s crucial to recognize, however, that the specifics of each case differ greatly. Consequently, the settlement amount is heavily influenced by the individual circumstances surrounding each case.
How can I prove that I have SIRVA?
To qualify for compensation, one must have received a vaccine covered under the VICP and subsequently developed a recognized injury within a specified timeframe. Filing a claim for SIRVA requires submitting a petition to the VICP along with supporting documents, which include medical records and proof of vaccine administration, to substantiate the claim.
Contact Pond Lehocky Giordano Today
To help maximize your chances of recovering damages for the suffering you have experienced due to injuries or side effects associated with vaccines, it’s critical to have an expert pharmaceutical liability legal team guiding your case. Our pharmaceutical liability lawyers manage lawsuits in all 50 states. We offer free consultations with our attorneys so that we can help you better understand your legal options and the strength of your case. For more information, call Pond Lehocky Giordano LLP at 1-800-568-7500 or fill out our contact form today.
