Vaccine Litigation: Routine Injections Can Result in Devastating Disabilities

February 10th, 2016

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There is something that the big pharmaceutical’s companies do not want you to know.  While vaccines are meant to protect individuals from illness and harm they also can cause injuries including anaphylaxis, encephalopathy, Guillain Barre Syndrome, adhesive capsulitis, and even death. Minor side effects of vaccinations, such as pain at the injection site, soreness, and redness are common. Major side effects occur more often than believed and can be devastating. The National Vaccine Injury Compensation Program (NVICP) compensates victims who have been injured from a vaccination. A claimant must be able to show that, more likely than not, their injury was a result of the vaccination.

What is the NVICP and why was it created?

In the 1970s and 1980s, a number of individuals sued vaccine manufacturers after their children developed severe reactions to the DPT vaccination. As a result of ongoing lawsuits and expensive settlements, a number of manufacturers stopped making the DPT and other vaccines. At one point, only one manufacturer was making the critical vaccine. Congress was lobbied and extended protection to the big pharmaceutical companies by forming the National Childhood Vaccine Injury Act (NCVIA). It is supposed to required physicians to present individuals with a Vaccine Information Sheet (VIS) detailing the risks and benefits of the vaccine received. It also created a system to compensate individuals injured from vaccines.

The NVICP is funded by a 75 cent tax per vaccination. As part of the act, individuals must pursue a claim through the United States Court of Federal Claims.  Individuals with specific reactions receive compensation as determined by a formula.

What is the vaccine injury table?

The vaccine injury table (VIT) was created to help individuals determined if their illnesses are the result of a vaccination. The table lists each vaccine, the related injuries/disabilities/illnesses/death, and the time period in which the onset of problems occurs. If an individual receives a vaccine and then develops an associated injury within the specified period of time, a link between the injury and vaccine may be legally found.

There are a number of reactions that may be associated with a vaccine. They include but are not limited to:

  • Anaphylaxis or anaphylactic shock
  • Brachial neuritis
  • Encephalopathy/encephalitis
  • Chronic arthritis
  • Thrombocytopenic purpura
  • Vaccine-strain measles
  • Paralytic polio
  • Vaccine-strain polio
  • Intussusception

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How much compensation can I receive?

The average compensation received per NVICP claim is $782,136 through 2011, with additional funds to pay legal and attorney fees. There is a $250,000 cap per claim of death from vaccination.

What do I do if I believe I have a claim?

Most people choose to be represented by an attorney. As long as minimal requirements are met, the fund will pay for your attorney and associated legal fees. If you or your child have been injured or disabled as a result of a vaccination, contact The Garmon Law Firm today online or at 256-543-HURT. We will help you navigate the complicated NVICP process and help you receive the compensation you deserve!

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