POLIO VACCINE INJURY ATTORNEY

Polio vaccines, including OPV (Oral Polio Vaccine) and IPV (Inactivated Polio Vaccine) are meant to protect us. 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 your child experience an adverse reaction to a polio vaccine. You could receive compensation from the National Vaccine Injury Compensation Program (NVICP).

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.

The NVICP has created a table which lists the criteria one must meet for an injury or adverse reaction to be considered a “Table Injury”. Vaccines containing the polio live virus 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.

Polio Vaccines and the Vaccine Injury Table

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

1. OPV, often called the oral poliovirus vaccine, is a live, weakened, vaccine. It is administered orally. This vaccine is no longer licensed or available in the United States.  However, it is still used in many other countries around the world.

2. IPV, known as the inactivated poliovirus vaccine, contains a killed version of the virus. It is given as an injection.

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 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.

Paralytic Polio Caused by OPV Vaccine

Paralytic Polio is a disabling and life-threatening disease caused by the poliovirus.

Symptoms include:

• Loss of reflexes

• Severe muscle weakness and pain

• Floppy and loose limbs

• Paralysis

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

There are three different circumstances in which the presumption of causation applies when someone suffers Paralytic Polio after receiving a vaccine containing the polio live virus.

First, for non-immunodeficient individuals who experience Paralytic Polio after receiving a vaccine containing the polio live virus, the presumption of causation applies if the first onset of symptoms occurs within 30 days of vaccination. Second, for immunodeficient recipients, the presumption applies if the first onset of symptoms occurs within 6 months of the vaccination. Third, for vaccine associated community cases, there is no set timeframe for when the first onset of symptoms must occur for the presumption to apply.  

Vaccine-Strain Polio Viral Infection Caused By OPV Vaccine

Vaccine-Strain Polio Viral Infection is an infection resulting from the weakened live poliovirus contained in oral polio vaccine (OPV). If allowed to circulate in under- or unimmunized populations for long enough, or replicate in an immunodeficient individual, the weakened virus can revert to a form that causes illness and paralysis.

Symptoms include:

• Loss of reflexes

• Severe muscle weakness and pain

• Floppy and loose limbs

• Paralysis

There are three different circumstances in which the presumption of causation applies when someone suffers Vaccine-Strain Polio Viral Infection after receiving a vaccine containing the polio live virus.

First, for non-immunodeficient individuals who experience Vaccine-Strain Polio Viral Infection after receiving a vaccine containing the polio live virus, the presumption of causation applies if the first onset of symptoms occurs within 30 days of vaccination. Second, for immunodeficient recipients, the presumption applies if the first onset of symptoms occurs within 6 months of the vaccination. Third, for vaccine associated community cases, there is no set timeframe for when the first onset of symptoms must occur for the presumption to apply.

Anaphylaxis Caused by IPV Vaccine

Anaphylaxis is a life-threatening allergic reaction that happens very quickly. 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 occur within 4 hours after vaccination.

Shoulder Injury (SIRVA) After IPV Vaccine

SIRVA stands for Shoulder Injury Related to Vaccine Administration. It is a medical and legal term used to describe shoulder injuries under the National Vaccine Compensation Program (NVICP). It is an injury caused by the injection of a vaccine into the shoulder joint rather than the deltoid muscle. The needle of the shot (as opposed to the vaccine) is what causes the injury. SIRVA often occurs when a vaccine is administered improperly by a nurse or doctor. It is perhaps the most common vaccine adverse reaction.

SIRVA symptoms are similar to that of other shoulder injuries. The main symptoms include persistent shoulder pain and decreased range of motion. In severe cases, SIRVA can impact a person’s ability to complete daily tasks.

On the vaccine injury table, the presumption of causation applies if the first onset of symptoms occurs within 48 hours after vaccination.

Vasovagal Syncope Caused by IPV Vaccine

Vasovagal Syncope happens when your blood pressure and heart rate drop suddenly, causing you to pass out. Fainting can often lead to other injuries, many of which the NVICP will pay out compensation for.

Common symptoms include:

• Lightheadedness

• Dizziness

• Nausea

• A 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 suffered one of the above injuries or adverse reactions after receiving a vaccine containing the polio virus and your 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.

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.