MMR VACCINE INJURY ATTORNEY

MMR vaccines are meant to protect us from Measles, Mumps, and Rubella. However, like all vaccinations, there is a chance of complications and side effects. It is crucial to get in touch with a doctor and a vaccine injury attorney if you or a loved one had an adverse reaction to a measles vaccine. You may be eligible for compensation through the National Vaccine Injury Compensation Program.

At DuPont and Blumenstiel, our vaccine injury attorneys work tirelessly to pursue justice on behalf of our clients and their families. We represent vaccine injury clients throughout the United States.

What is in the MMR vaccine?

The MMR vaccine is one of the most common types of measles vaccines. It is meant to protect us from three infectious viral diseases: Measles, Mumps, and Rubella. It typically is 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.

• MEASLES (M) is characterized by fever, cough, runny nose, and red, watery eyes, which are frequently followed by a rash that covers the entire body. It can cause seizures, ear infections, diarrhea, and pneumonia. It is considered the most dangerous of the three diseases.

• MUMPS (M) is characterized by fever, headache, muscle aches, fatigue, loss of appetite, and swollen and tender salivary glands beneath the ears. It can cause deafness, brain and/or spinal cord swelling, and in rare cases, death.

• RUBELLA (R) causes fever, sore throat, rash, headache, and eye irritation. If a pregnant woman contracts rubella, she may miscarry or have a baby with serious birth defects.

Measles Vaccines and the Vaccine Injury Table

There are three vaccines on the Vaccine Injury Table that contain the measles virus.

1. MMR: Measles, Mumps and Rubella (German measles). The first dose is generally given to children around 9 months to 15 months of age, with a second dose at 15 months to 6 years of age, with at least 4 weeks between the doses.

2. MM: Measles and Mumps

3. MMRV: Measles, Mumps, Rubella and Varicella (chickenpox). The CDC recommends that children get one dose of MMRV vaccine at 12 through 15 months of age, and the second dose at 4 through 6 years of age.

Under the National Vaccine Injury Compensation Program (NVCIP), certain injuries/adverse reactions are presumed to have been caused by a specific vaccine if the first onset of symptoms occurs within a specified timeframe. When an injury or adverse reaction qualifies for the presumption, it is considered a “Table Injury”.

The importance of qualifying as a “Table Injury” is that the Court will award you compensation for your injury unless the opposing counsel is able to demonstrate that something other than the vaccine caused your injury or adverse reaction. Unfortunately, only some injuries are considered a “Table Injury” and afforded the presumption.

In this case, the Vaccine Injury Table is broken up my vaccines contains measles and vaccines containing rubella. A further explanation of each qualified injury in below.

Thrombocytopenic Purpura After Measles Shot

Thrombocytopenic Purpura is a blood disorder characterized by an abnormal decrease in the number of platelets in the blood. As a result of low levels of platelets, bruising and bleeding can occur.

Symptoms can include:

• Skin that bruises very easily

• Skin rash of small red dots that are the result of very small bleeds

• Bleeding from any area of the body

• Bleeding from the gums

• Frequent nose bleeds that take a long time to stop

• Blood in the vomit, urine, or stool

• Internal bleeding

• Long/heavy menstrual periods

If you or your child experienced any of these symptoms after receiving the measles vaccine, an adverse reaction may have occurred.

In order to qualify for the presumption of causation under the Injury Table, the first onset of symptoms must have occurred between 7 and 30 days after receiving the vaccine.

Vaccine-Strain Measles Viral Disease

This occurs when an immunocompromised person develops measles from the vaccine. Symptoms include:

• Fever

• Rash

• Cough

• Nasal congestion

• Conjunctivitis (“pink eye”)

If you or your child experienced any of these symptoms after receiving the measles vaccine, an adverse reaction may have occurred.

There are two different timeframes on the injury table for this condition.

First, if the vaccine strain is identified through lab testing, there is no timeframe for when the first onset of symptoms must occur. Second, if a strain determination test is not done, or if laboratory testing is inconclusive, the first onset of symptoms must occur within 12 months of the vaccination.

Chronic Arthritis Caused by Rubella Vaccine

Chronic Arthritis is a disease that causes damage in your joints.

Symptoms include:

• Joint pain

• Stiffness or reduced range of motion

• Swelling

• Skin discoloration

• Tenderness to touch around the joint

• Feeling of warmth near your joints.

In order to qualify for the presumption of causation under the Injury Table, the first onset of symptoms must have occurred between 7 and 42 days after vaccination.

Anaphylaxis After MMR Vaccine

Anaphylaxis is a potentially life-threatening allergic reaction that happens very quickly across multiple organ systems. The major systems involved include the skin, cardiovascular, respiratory and gastrointestinal systems. There are four stages of anaphylaxis:

1. Mild symptoms include skin rash or redness, itching or hives.  

2. Moderate anaphylaxis happens when a person has more widespread and extensive symptoms like skin rash and hives that are spreading or mild swelling in their lips or tongue.

3. Severe anaphylaxis happens next and involves a person displaying signs of difficulty breathing, extensive swelling, weak pulse and/or dizziness. 

4. Life-threatening anaphylaxis is the last stage and involves a person losing consciousness, being unable to breathe, and having inadequate blood flow to vital organs.

To qualify for the presumption of causation under the Injury Table, the first onset of symptoms must have occurred within 4 hours after vaccination.

Encephalopathy or Encephalitis After MMR Vaccine

Encephalopathy and encephalitis are both acute brain diseases. Encephalitis and cause encephalopathy but not vice versa.

Symptoms of encephalopathy include confusion, disorientation, trouble focusing, personality or behavioral changes, memory loss, balance and coordination problems, seizures and reduced or loss of consciousness.

Symptoms of encephalitis include unusual behavior, memory loss, confusion, personality changes, repeated seizures, emotional and psychological problems, cognitive problems, and difficulties with balance and concentration.

To qualify for the presumption of causation under the Injury Table, the first onset of symptoms must have occurred within 72 hours after vaccination.

Shoulder Injury (SIRVA) After MMR Vaccine

SIRVA stands for Shoulder Injury Related to Vaccine Administration. It can happen if a medical worker gives the shot too high up on the arm. If this happens, it can damage the tissues or structures in your shoulder.

The main signs of SIRVA are serious shoulder pain and decreased range of motion. Research also suggests that over-the-counter pain meds don’t help the symptoms get better.

In order to qualify for the presumption of causation under the Injury Table, the first onset of symptoms must have occurred within 48 hours after the vaccine was administered.

Vasovagal Syncope (Fainting) After MMR Vaccine

Vasovagal Syncope happens when your body overreacts to certain triggers (like getting a vaccine), leading to a sudden drop in heart rate and blood pressure. This often causes fainting. Fainting can often lead to other injuries, many of which the NVICP will pay out compensation for.

On the vaccine injury table, the presumption of causation applies if the first onset of symptoms occurs within 1 hour after vaccination.

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Can I receive compensation after an MMR vaccine injury?

Yes, the National Vaccine Injury Compensation Program (NVICP) was established by the federal government to provide financial assistance to those who sustain injuries as a result of certain vaccines such as the MMR vaccine. The program is funded by taxes imposed upon each vaccine sold.

If you've been injured by a vaccine and want to seek compensation for your injuries and damages, you will need to file a claim with the Federal Court of Claims in Washington, D.C. You could be entitled to compensation for past and future medical expenses, past and future wage loss, and past and future pain and suffering.

Pursuing compensation through the Federal Court of Claims is a complex process. Consequently, many people choose to hire legal representation. If you experienced an adverse reaction after receiving an MMR vaccine, it’s important to contact an experienced vaccine injury attorney as soon as possible. There are time limits on when to file a claim, so it is important not to delay. At DuPont and Blumenstiel, our vaccine injury attorneys work tirelessly to pursue justice on behalf of our vaccine-inured clients.

Who can file a claim with the NVICP?

You may file a petition if you:

• were injured after receiving a covered vaccine,

• 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 caused the death of a family member or loved one.

Are There Any Restrictions on Presenting a Claim and Obtaining Compensation?

There are some important limitations on who can successfully pursue a vaccine claim.

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

Finally, you must file your claim (called a “petition”) with the Federal Court of Claims in Washington, D.C. before the Statute of Limitations expires.

Statute of Limitation Deadlines for Vaccine Injury Claims

Just like many other areas of law, vaccine injury claims have a statute of limitations.

For cases in which the petitioner did not die, the statute of limitations is 3 years from the first onset of symptoms. For cases in which the petitioner died, the statute of limitations is 24 months from the date of death, but not more than 4 years from the date of vaccination.

It's important to keep these deadlines in mind so you don't miss them! If you believe you've suffered an adverse reaction to a vaccine, the time to act is now.

Will I Have to Pay Attorney’s Fees and Case-Related Expenses?

Understandably, many people worry that they will be held responsible for paying attorney’s fees if they decide to pursue a vaccine claim. One great aspect of the NVICP is that our clients don’t have to pay our fees or case-related expenses. The Federal Court of Claims will pay the attorney's fees and other legal costs.

Hiring a Vaccine Injury Attorney

Receiving compensation through the NVICP is complex, which is why it’s important to consult with a vaccine injury lawyer. An experienced vaccine attorney will be able to help you better understand your options. Don't wait. There are deadlines to file your claim. The experienced vaccine injury attorneys at the Law Offices of DuPont and Blumenstiel can help. Call us today at 614-389-9711 for a case evaluation.

Want to learn more about the NVICP? Download our Consumer's Guide to Vaccine-Related Injuries here.