Vaccine Injury Answer Attorney

05/02/2018

On July 29, 2015, the Secretary of Health and Human Services published in the Federal Register a Notice of Proposed Rulemaking to amend the regulations governing the National Vaccine Injury Compensation Program by proposing revisions to the Vaccine Injury Table. The rule change, which took effect on February 21, 2017, states that anyone who receives the seasonal influenza vaccine and experiences an onset of GBS between 3 and 42 days thereafter, will be given the presumption of causation in the NVICP. In addition, anyone who suffers a SIRVA injury within 48 hours of receipt of any vaccine on the Vaccine Injury Table, will also be given the presumption of causation. The full text of the Federal Register Rule Change can be found here:https://www.gpo.gov/fdsys/pkg/FR-2017-01-19/pdf/2017-00701.pdf

The rule change effectively reopens the statute of limitations period for cases that were previously time-barred. The provision that “an individual who may be eligible to file a petition based on the revised Table may file the petition for compensation not later than 2 years after the effective date of the revision if the alleged injury or death occurred not more than 8 years before the effective date of the revision…” effectively means the following:

any case where the client developed GBS between 3 and 42 days after the influenza vaccine.
any case where the client developed a shoulder injury (SIRVA) within 48 hours of any vaccination on the Vaccine Injury Table that occurred after March 21, 2009, are timely brought if they are filed before March 21, 2019.
These exceptions do not apply to cases that were already filed and adjudicated on the merits.

03/13/2018

Not all vaccine injury cases are associated with the actual vaccine itself. Some adverse reactions are associated with the injection site. Such adverse reactions are given the title SIRVA (Shoulder Injury Related to Vaccine Administration). Not a very original name but still a real and recognized adverse reaction.

Here is a link to a recent article which provides some information on this condition. https://www.verywell.com/shoulder-pain-after-vaccine-injection-sirva-2549798.

If you believe who have suffered a SIRVA injury, please contact us and we can discuss your situation and any potential claims you may have in further detail.

SIRVA is a condition of chronic shoulder pain that is the result of incorrect vaccine administration into the shoulder.

02/22/2018

We receive a lot of questions concerning the link between certain vaccines and Autism. At this time the NVICP does not recognize the causal link between the two.

Back in 2009 and 2010 there were a series of cases labeled the Omnibus Autism Proceedings (OAP) which reached this decision.

If you are interested in reviewing the history of the cases, the cases can be found on the Court of Federal Claims website. Here is the link:

https://www.uscfc.uscourts.gov/autism-decisions-and-background-information.

If you have any questions concerning the OAP or the NVICP please call us for a free consultation.

02/03/2018

When deciding to get a flu vaccine during this time of year be mindful of possible adverse reactions. Studies show the mass majority of individuals who do receive the flu vaccine will have no adverse reaction to the vaccine. However, for the few that do, be mindful of these possible reactions*:
Anaphylaxis within 4 hours
Shoulder Related Injury within 48 hours
Vasovagal Syncope within 1 hour
Guillain-Barre Syndrome 3 -42 days post injection

* Source, Vaccine Injury Table - Section 312(b) NCVIA

01/26/2018

An important consideration to address before filing a claim under the NVICP is to review the length in time and severity of the adverse reaction. In non-death cases, the statute requires that an individual suffer from the adverse effect for a least six (6) months after the administration of the vaccine or the adverse reaction required inpatient hospitalization and surgical intervention.

01/24/2018

Under the National Vaccine Injury Compensation Program (NVICP) vaccine related injuries are separated into two groups: 1) Table Injuries and 2) Non-Table Injuries. Attached is a link to what is termed "Table" vaccine injuries. Simply stated, if you or a loved one received a vaccine listed in the first column, which resulted in a diagnosed condition listed in the second column, within the time periods prescribed in third column, then in most cases, the link between the vaccine and the adverse reaction is proven.

01/23/2018

If you believe you may have a vaccine related injury be aware that there are time limits in which to file a claim under the National Vaccine Injury Compensation Program.

You have 3 years from the date of the occurrence of the first symptom or manifestation of injury.

In cases of death, the time period is reduced to 2 years from date of death and no claim can be filed if 4 years have past from date of first symptom or manifestation of injury.

01/22/2018

Most people (including lawyers) do not know that a vaccine injury court exists. Here is a link to the United States Court of Federal Claims which holds exclusive jurisdiction on all vaccine injury claims. You can find basic information on how the program was created and what it entails.

The National Vaccine Injury Compensation Program ("Vaccine Program") comprises Part 2 of the National Childhood Vaccine Injury Act of 1986 ("Vaccine Act"). See Pub. L. No. 99-660, 100 Stat. 3755 (1986) (codified as amended at 42 U.S.C. §§ 300aa-1 to -34). The Vaccine Act became effective October 1...