COVERED VACCINES UNDER THE NATIONAL VACCINE INJURY COMPENSATION PROGRAM (NVICP)

Although vaccines serve an important role in maintaining the public’s health, some people have adverse reactions to them. The federal government acknowledged this in 1986 with the creation of the National Childhood Vaccine Injury Act. In that act, the National Vaccine Injury Compensation Program (NVICP) was created. The program is funded by taxes that pharmaceutical companies pay on each vaccine they sell.

The program provides a federal system for compensating those who suffer vaccine-related injuries and the families of those that have died because of vaccine-related injuries.

One of the primary benefits of the National Vaccine Act is the fact that attorney fees are paid for by the fund, not the client. Thus, our Vaccine Act legal services are completely free for you to use.

How does the Vaccine Injury Compensation Program Work?

If you've been injured by a vaccine, the Federal Court of Claims is where you need to file a petition to receive compensation. You could be entitled to compensation for past and future medical expenses, past and future wage loss, and past and future pain and suffering.

The petition is a legal document that you can prepare yourself or hire a lawyer to prepare and file on your behalf. Because of the complex legal processes involved, many people choose to hire representation.

Requirements for Filing a Vaccine Injury Petition

You may file a Vaccine Injury Compensation Program petition if you:

• were injured after receiving a covered vaccine (listed below),

• are the parent or legal guardian of a child or disabled adult who received a covered vaccine, and you believe they were injured by it, or

• believe that a covered vaccine injured your deceased loved one and led to their death

To qualify for compensation, your symptoms must have lasted for six months or longer, required extensive hospitalization and surgery, or resulted in death.

You must also file a petition within the Statute of Limitations. For cases where the petitioner did not die, the statute of limitations is 3 years from the first onset of symptoms. For cases where the petitioner did die, the statute of limitations is 24 months from the date of death but not more than 4 years from the date of vaccination.

Vaccines Covered Under the VICP

• Diphtheria vaccine (DTP, DTaP, Tdap, DT, Td). Diphtheria is caused by strains of bacteria known as Corynebacterium diphtheriae, resulting in a severe infection characterized by toxin production. This infection can cause challenges with breathing and heart rhythm abnormalities. Most reactions to diphtheria vaccines are mild (such as a painful arm or a low-grade fever) and pass in a matter of days. Anaphylaxis, brachial neuritis, vasovagal syncope (fainting) and Shoulder Injuries After Vaccine Administration (SIRVA) have all been associated with DTP, DTaP, Tdap, DT and Td vaccines under the VICP.

• Tetanus shot (Td). Tetanus is caused by a bacterium (called Clostridium tetani) which produces a toxin that can lead to painful muscle contractions when it enters the body. The most common symptom of tetanus is “lockjaw”. Most reactions to tetanus vaccines are mild (such as a painful arm or a low-grade fever) and pass in a matter of days. Anaphylaxis, brachial neuritis, vasovagal syncope and SIRVA have been associated with the Td vaccine under the VICP.

• Pertussis vaccine (DTP, DTaP, Tdap). Pertussis, commonly known as whooping cough, is a highly contagious respiratory infection caused by the Bordetella pertussis bacteria. Symptoms include severe coughing fits and can lead to pneumonia, seizures, brain damage, and even death in infants. The CDC recommends infants receive doses of the DTaP vaccine starting at 2 months old to protect against pertussis. Side effects may include pain, swelling and redness at the injection site, fever, headache, tiredness and vomiting. Anaphylaxis, brachial neuritis, vasovagal syncope and SIRVA have been associated with DTP, DTaP and Tdap vaccines under the VICP.

• Seasonal Flu shot. Influenza, commonly known as the flu, is a viral infection that affects the respiratory system. The seasonal flu shot is recommended for people 6 months and older to prevent severe illness or complications from influenza. The most common side effect is a sore arm from the injection site. Other common side effects include fever, headache, and muscle aches. These side effects are usually mild and go away on their own within a few days. Anaphylaxis, vasovagal syncope, and Guillain-Barre Syndrome have been associated with the seasonal flu vaccine under the VICP.

• Haemophilus influenza type b polysaccharide conjugate vaccines (e.g., Hib). Contrary to it's name, Haemophilus Influenza Type B (Hib) does not cause the flu. It can, however, cause many kinds of infections. Hib bacteria can cause ear infections, bronchitis, meningitis, pneumonia and blood infections. The vaccine is usually given to infants and young children in multiple doses. Side effects include redness, warmth, and swelling where the shot is given. Fever can also occur after a Hib vaccination. Vasovagal syncope and SIRVA have been associated with Hib vaccines under the VICP.

• Measles, mumps and rubella vaccines (MMR, MR, M). The MMR vaccine is one of the most common types of measles vaccines. It is typically administered in two doses. Children normally receive their first dose between the ages of 12 and 15 months, and their second dose between the ages of 4 and 6 years. Common side effects include a sore arm from the injection or redness where the shot is given, fever, mild rash, swelling of the glands in the cheeks or neck, and temporary pain and stiffness in the joints. Thrombocytopenic purpura, vaccine-strain measles viral disease, chronic arthritis, anaphylaxis, encephalopathy, encephalitis, SIRVA and vasovagal syncope have all been associated with measles vaccines under the VICP.

• Meningococcal vaccine (MCV4, MPSV4, MenB-FHbp, MenB-4C). Meningococcal disease is a type of illness caused by Neisseria meningitidis bacteria. It is a type of infection that can be deadly within hours if not properly treated. With meningococcal meningitis, the bacteria infect the lining of the brain and spinal cord and cause swelling. With a meningococcal bloodstream infection, the bacteria enter the blood and damage the walls of the blood vessels. This causes bleeding in the skin and organs. There are 3 types of meningococcal vaccines available in the United States: Meningococcal conjugate or MenACWY vaccines (Menveo® and MenQuadfi®), Serogroup B meningococcal or MenB vaccines (Bexsero® and Trumenba®), and Pentavalent meningococcal or MenABCWY vaccine (PenbrayaTM). They are normally given to pre-teens, teenagers and young adults to protect them from this serious illness. However, like with all vaccinations, there is a risk of side effects. Soreness, redness, or swelling where the shot is given, tiredness, fatigue, headache, muscle or joint pain, fever, chills, nausea, and diarrhea can all happen after meningococcal vaccines. Anaphylaxis, vasovagal syncope and SIRVA have all been associated with meningococcal vaccines under the VICP.

• Polio (OPV or IPV) vaccine. OPV, often called the oral poliovirus vaccine, is a live, weakened, vaccine. This vaccine is no longer licensed or available in the United States. However, it is still used in many other countries around the world. IPV, known as the inactivated poliovirus vaccine, contains a killed version of the virus. It is given as an injection. The most common side effects of this vaccine are soreness, redness and swelling at the injection site. Anaphylaxis, vasovagal syncope and SIRVA have all been associated with the IPV vaccine under the VICP.

• Hepatitis A vaccine (HAV). Hepatitis A is a serious liver disease that can spread through close contact with an infected person or by ingesting trace amounts of stool from an infected person. The Hepatitis A vaccine is meant to protect us from this harmful disease. However, like all vaccinations, there is a chance of complications and side effects. Soreness or redness where the shot is given, fever, headache, tiredness, or loss of appetite can happen after hepatitis A vaccination. Vasovagal syncope and SIRVA have been associated with the HAV vaccine under the VICP.

• Hepatitis B vaccine (HBV). Hepatitis B is a serious disease caused by a virus that attacks the liver. It can cause lifelong infection, cirrhosis (scarring) of the liver, liver cancer, liver failure, and even death. The HBV vaccine is meant to protect us from this terrible virus and disease. However, like all vaccinations, there is a chance of complications and side effects. Soreness where the shot is given, fever, headache, and fatigue can happen after hepatitis B vaccination. Anaphylaxis, vasovagal syncope and SIRVA have all been associated with the HBV vaccine under the VICP.

• Human papillomavirus vaccine (HPV). HPV is a type of virus which can affect different parts of the body. There are over 100 types of HPV. Some types cause warts on your hands, feet, etc. If you have had a wart, you’ve had HPV. While many types of HPV pose no significant risk to your health, some types can lead to cancer. Due to the potential health risks associated with HPV, vaccines have been created to prevent HPV transmission. The HPV Vaccine (e.g., Gardasil) can play an important role in preventing HPV transmission. However, like all vaccinations, there is a chance of experiencing an adverse reaction. Soreness, redness, or swelling where the shot is given can happen after HPV vaccination, as well as fever and headache. Anaphylaxis, vasovagal syncope and SIRVA have all been associated with the HPV vaccine under the VICP.

• Varicella vaccine (VAR). Varicella, also known as chickenpox, is a highly contagious disease caused by the varicella-zoster virus. It can cause an itchy rash with blisters all over the body. While chickenpox is usually mild in children, it can be more serious for adults and pregnant women. The Varicella vaccine is meant to protect us from this illness. However, like all vaccinations, there is a chance of experiencing side effects and complications. Anaphylaxis, vasovagal syncope, Disseminated Varicella Vaccine-Strain Viral Disease, and SIRVA have been associated with the VAR vaccine under the VICP.

• Rotavirus vaccine (RV). Rotavirus is a highly contagious virus that causes diarrhea, vomiting, and fever in infants and young children. The most common side effects are mild and include fussiness, diarrhea, and vomiting. However, some children experience more serious reactions. Intussusception,  a rare type of bowel blockage, has been associated with the RV vaccine under the VICP.

We encourage you to visit the CDC website for a complete list of vaccine schedules and side effects.

What side effects can happen after a vaccination?

Vaccine side effects are typically mild and temporary, indicating that the vaccine is working to stimulate the immune system. Common mild to moderate adverse reactions include:

• Shoulder Pain

• Swelling

• Redness at the injection site

• Fever

• Irritability

• Drowsiness

• Rash

These symptoms themselves do not qualify someone for compensation under the VICP. But, they may be a sign of a more severe condition.

The following adverse reactions are more severe, and may be compensated through the VICP under specific conditions.

• Acute Disseminated Encephalomyelitis (ADEM)

• Anaphylaxis

• Bell’s palsy

• Brachial Neuritis

• Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)

• Deafness

• Death

• Disseminated Varicella

• Encephalitis

• Guillain-Barre Syndrome (GBS) (specifically with the flu vaccine)

• Idiopathic Thrombocytopenic Purpura (ITP)

• Intussusception

• Multiple Sclerosis (MS)

• Optic Neuritis

• Permanent brain damage

• Pneumonia

• Rheumatoid Arthritis

• Seizures

• Shoulder Injury Related to Vaccine Administration (SIRVA)

• Systemic Lupus Erythematosus (SLE)

• Transverse Myelitis (TM)

The Vaccine Injury Table

The Vaccine Injury Table, created by the Court, lists a set of symptoms that have historically been determined to be a direct result of vaccination. If your situation is listed on the Vaccine Injury table, you have a much higher chance of receiving compensation.

• An “on table” injury is one in which the symptoms following the vaccination occur frequently enough among claimants that they are tracked on the Vaccine Injury Table. In those cases, The National Vaccine Court will presume that the symptoms are a direct result of the vaccination. “On table” injuries are processed relatively quickly and compensation is often provided.

• An "off table" injury is one in which your symptoms don't match those that are on the Vaccine Injury Table. Under those circumstances, outside expert testimony is typically required. For example, a medical professional may provide a report explaining to the Court how the vaccination caused the symptoms. “Off table” injuries take longer to process, as there is not a presumption that the vaccination caused the symptoms.

How much compensation can I get for my vaccine-related injury?

In the event your claim is validated by the National Vaccine Court, you will be entitled to compensation for such things as:

• Past and future medical treatment

• Past and future wage loss

• Past and future pain and suffering

The amount of compensation varies depending on the extent and severity of your symptoms.

What does a vaccine injury attorney do?

A vaccine injury attorney is a legal professional who specializes in representing individuals who have experienced adverse reactions to vaccinations. They can assist you with filing a claim under the VICP and navigating the complex legal process.

Our experienced vaccine injury legal team will gather medical records, evidence, and expert opinions if necessary, to support your claim and fight for fair compensation on your behalf.

It is important to consult with a qualified vaccine injury attorney if you are considering filing a claim under the VICP. Overall, our goal is to advocate for your rights and ensure that you receive proper compensation for any injuries or illnesses you experienced as a result of a vaccine.

Call us at 614-389-9711 for a free vaccine injury case evaluation.