PERTUSSIS (WHOOPING COUGH) VACCINE INJURY ATTORNEY

Whooping cough is a respiratory disease caused by Bordetella pertussis bacteria. There are a few types of vaccines that help protect against whooping cough:

• DTaP: Diphtheria, tetanus, and pertussis

• Tdap: Tetanus, diphtheria, and pertussis

• P: Only protects against whooping cough (pertussis)

• DTP-hib: Diphtheria, tetanus, pertussis and haemophiles influenza type B.

Although vaccines containing pertussis are meant to protect your children, they can also have adverse side effects. It is crucial to get in touch with a doctor and vaccine injury attorney if you or your child experience an adverse reaction to a whooping cough vaccine. You could receive compensation from the National Vaccine Injury Compensation Program (NVICP).

The NVICP created a table which lists the criteria one must meet for an injury or adverse reaction to be considered a “Table Injury”. Vaccines containing whole cell pertussis bacteria, extracted or partial cell pertussis bacteria, or specific pertussis antigen(s), are on this table and are presumed to cause certain injuries and adverse reactions. We will discuss these, as well as review the requirements one must meet for an injury or adverse reaction to be considered a “Table Injury", below.

Whooping Cough Shots and the Vaccine Injury Table

Under the National Vaccine Injury Compensation Program (NVICP), 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 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 this presumption. Some examples are listed below.

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

Anaphylactic Reaction to the Whooping Cough 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.

Encephalitis Caused by Whooping Cough Vaccine

Encephalopathy and encephalitis are both acute brain diseases.

Symptoms of encephalopathy include:

• Confusion, disorientation and trouble focusing

• Personality or behavioral changes

• Memory loss

• Balance and coordination problem

• Seizures

• Reduced or loss of consciousness

Symptoms of encephalitis include:

• Unusual behavior and personality changes

• Memory loss and confusion

• Repeated seizures

• Emotional and psychological problems

• Cognitive problems

• 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) from Whooping Cough 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 Whooping Cough 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.

Common symptoms of vasovagal syncope include:

• Lightheadedness

• Dizziness

• Nausea

• Tunnel vision

• Sudden warm feeling

• Pale skin

• Sudden feeling of tiredness

• Yawning

• Profuse sweating

• Slow pulse

Once an attack starts, the following are likely to happen:

• Loss of consciousness

• Falling to the ground

• Eyes remain open but roll up and back into your head

• Twitching movements

• Loss of bladder control

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

Hiring a Vaccine Injury Attorney

If you (or your child) suffered an allergic reaction, encephalitis, a shoulder injury or vasovagal syncope after receiving a pertussis shot and the symptoms began within the specified timeframe, you likely qualify as having suffered a “Table Injury” and are entitled to financial compensation for your injuries and damages.

You may receive compensation for:

• Past and future medical expenses

• Past and future lost wages, and

• Past and future pain and suffering.

The amount of compensation you can receive is dependent on your situation, the severity of your symptoms, and how long they lasted.

Receiving compensation through the VICP is complex, which is why it’s important to consult with an experienced vaccine injury lawyer.

At DuPont and Blumenstiel, LLC, we have a team of attorneys, nurses, and experienced staff members ready to pursue your Vaccine Act claim and obtain financial compensation on your behalf. For additional information regarding your rights, please contact us 614-389-9711. Don’t wait, there are deadlines to file your claim.