ROTAVIRUS VACCINE INJURY ATTORNEY

As parents, we all want what's best for our children's health. Getting proper vaccinations can ensure their protection from dangerous diseases. But, what happens when the vaccine itself causes harm?

In recent years, concerns have been raised about the safety of the Rotavirus vaccine. Like all vaccinations, there is a chance of complications and 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 rotavirus vaccine. You could receive compensation from the National Vaccine Injury Compensation Program (NVICP).

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”. Rotavirus vaccines 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.

What is Rotavirus?

Rotavirus is a highly contagious virus that causes diarrhea, vomiting, and fever in infants and young children. While the vaccine has been proven to be effective in preventing Rotavirus infections, there have been reports of adverse reactions. The most common side effects are mild and include fussiness, diarrhea, and vomiting. However, some children experience more serious reactions such as intussusception - a rare type of bowel blockage.

Rotavirus Vaccine 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. There is only one Table Injury for rotavirus vaccines: intussusception.

Intussusception Caused by Rotavirus Vaccine

Intussusception is a serious condition in which part of the intestine slides into an adjacent part of the intestine. When this occurs, food and/or fluid may be blocked from passing through. Blood flow to the affected part of the intestine can be cut off, which can lead to infection, tears of the intestine (called a perforation), and even death of the intestine. If not treated quickly, intussusception can be fatal.

In order to qualify for the presumption of causation under the Injury Table, the first onset of symptoms must have occurred between one and 21 days after vaccination.

It's important to understand the frequency of Rotavirus vaccine injuries. According to the Centers for Disease Control and Prevention (CDC), the risk of intussusception after receiving the vaccine is about one in 20,000 to one in 100,000. So, it is understandable why some parents have concerns.

It's worth noting that there are certain factors that can increase the risk of intussusception after receiving the Rotavirus vaccine. For example, infants who have a history of bowel problems may be at a higher risk. Additionally, premature infants or those born with a low birth weight may also be at an increased risk. If parents have concerns about their child's medical history, they should consult with their pediatrician.

Receiving Financial Compensation for Your Child's Rotavirus Vaccine Injury

If you believe you (or your child) experienced intussusception as a result of receiving a Rotavirus vaccine, you may be entitled to financial compensation. Through the National Vaccine Injury Compensation Program (NVICP), you can file a petition asking for compensation for your injuries.

The process of presenting a claim and obtaining compensation is complicated. The experienced vaccine injury attorneys at DuPont & Blumenstiel are here to help you through the entire process to help maximize your chances of receiving financial compensation.

What Can I Receive Compensation for?

If you successfully prove your vaccine claim, you are entitled to financial compensation. You would receive compensation for past and future medical expenses, past and future lost wages, and past and future pain and suffering.

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. One great aspect of the VICP 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.

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 dates 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.

How Much Compensation Can I Receive Through the NVICP?

The amount of compensation you can receive is dependent on your situation, the severity of your symptoms, and how long they lasted. With some exceptions, there typically is no set compensation amount for rotavirus vaccine injuries.

Hiring a Vaccine Injury Attorney

Receiving compensation through the VICP is complex, which is why it’s important to consult with an experienced vaccine injury lawyer. Our lawyers can help you better understand your options. Don't wait. There are deadlines to file your claim. Call the Law Offices of DuPont & Blumenstiel today at 614-389-9711 for a free case evaluation.

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