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COMMON VACCINE-RELATED SIDE EFFECTS, INJURIES AND ADVERSE REACTIONS

Vaccines are responsible for saving millions of lives and eradicating deadly diseases. However, like any medical intervention, there is a potential for side effects and adverse reactions.

People who have experienced an adverse reaction to a vaccine often struggle to have their injury recognized by their doctors, peers, and even friends and family members. If bills are piling up, you've missed work, and/or you're suffering due to your vaccine-related injury, you aren't alone and you deserve help.

Anyone who believes they were injured as the result of a covered vaccine under The National Vaccine Injury Compensation Program (NVICP), can file a petition to receive compensation. The experienced vaccine act attorneys at The Law Offices of DuPont and Blumenstiel can guide you through the entire process. We will fight for you every step of the way.

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What are the most common vaccine-related injuries?

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 NVICP. But, they may be a sign of a more severe condition.

The following vaccine injuries are more severe, and may be compensated through the NVICP under specific conditions.

  • Acute Disseminated Encephalomyelitis (ADEM) is a condition that may occur after receiving certain vaccines, including the flu shot, MMR vaccine, and HPV vaccine. ADEM is defined as inflammation of the brain and spinal cord. It also causes damage to myelin – the protective covering around nerve fibers. At first, the symptoms of ADEM may be mild, but they can quickly become severe without a timely diagnosis and proper treatment. Symptoms can include fever, headache, drowsiness, seizures, and comas.

  • Anaphylaxis is a severe allergic reaction that can be fatal if not treated quickly. The immune system releases an abundance of chemicals as a result of anaphylaxis, which can result in shock, a sharp drop in blood pressure, and narrowing of the airway. A skin rash, a quick, weak pulse, nausea, and vomiting are all warning signs and symptoms. There is a small risk of anaphylaxis in nearly every vaccine.

  • Bell’s palsy is a condition that causes temporary facial paralysis on one side. The symptoms of Bell's palsy include sudden weakness or paralysis in one side of the face, drooping eyelids, difficulty closing an eye, and twitching. It can be triggered by certain vaccines, including the flu vaccine and MMR vaccine. In most cases, Bell's palsy will resolve on its own within a few weeks or months.

  • Brachial Neuritis, also known as Parsonage-Turner Syndrome, is characterized by the inflammation of the brachial plexus. The brachial plexus is a network of nerves that runs from your spinal cord to your chest, shoulder, arm, and hand. People who suffer from Brachial Neuritis experience pain in those areas. Brachial Neuritis usually affects just one side of the body. It can present as abrupt onset of acute shoulder or upper arm discomfort. However, it can also affect nerves in other areas of the body. The cause of brachial neuritis isn't fully understood, but it can sometimes occur after DTaP vaccinations.

  • Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) is an autoimmune disorder in which a person's immune system attacks peripheral nerves. It is closely related to Guillain-Barre syndrome and is considered the chronic counterpart of that disease. It can affect sensory, motor and autonomic nerves—including those that control your heartbeat. It causes progressive weakness, including tremors and problems with your balance or walking. The symptoms may appear gradually, or suddenly, but can get worse quickly. It is most common in adults over age 50. CIDP can happen after receiving a flu shot.

  • Disseminated Varicella Vaccine-Strain Viral Disease occurs when the varicella vaccine you receive causes you to experience the disease (or symptoms of the disease) it was designed to protect you from. Typically, this presents as a varicella rash (like chickenpox) on the skin or infection of another organ.

  • Encephalitis is the inflammation of the brain. The condition often manifests as mild flu-like symptoms and can progress from there. People with encephalitis may experience fever, headache, fatigue, muscle aches, seizures, blurred vision, hearing loss, and difficultly speaking.  Autoimmune inflammation, which sometimes occurs as a reaction to a vaccine, can trigger encephalitis.

  • Guillain-Barre Syndrome (GBS) is a rare neurological disorder in which your body's immune system attacks your nerves. GBS often begins with tingling and weakness that starts in one portion of the body and expands to the rest. Muscle weakness can also contribute to loss of muscle control, making it difficult to walk or control facial muscles. While the exact cause of GBS is unknown, it is thought to be triggered when the immune system overreacts to an infection or injury. There have been reports of GBS occurring after vaccination against flu, meningitis and tetanus.

  • Idiopathic Thrombocytopenic Purpura (ITP) is a rare autoimmune disorder that causes low platelet counts, which can lead to easy bruising and bleeding. ITP has been known to develop after certain vaccines, such as the MMR vaccine.

  • Intussusception is a serious condition where one part of the intestine slides into another part, causing an obstruction. It can occur after receiving the Rotavirus vaccine, which has been linked to this rare but potentially life-threatening side effect.

  • Optic Neuritis is a severe eye condition that causes inflammation and damage to the optic nerve. It can result in blurred vision, loss of vision, and even blindness. Some vaccines have been linked to optic neuritis. More specifically, influenza and HPV vaccines have been associated with optic neuritis the most.

  • Shoulder Injury Related to Vaccine Administration (SIRVA) is the most common vaccine-related injury. It can occur when a healthcare professional incorrectly administers a vaccine and may have nothing to do with the contents of the vaccine itself. There is a risk of SIRVA with nearly every vaccine.

  • Transverse Myelitis (TM) is an inflammation of the spinal cord. It occurs when the body's immune system attacks healthy nerve cells in the spine, causing damage to the myelin sheath that protects these nerves. This damage can disrupt communication between the brain and the rest of the body, resulting in a wide range of symptoms that can vary from mild to severe. Multiple studies have discussed the relationship between transverse myelitis and various vaccines. TM injuries are most commonly found after TDaP, HPV, and MMR vaccines. 

Should I report my vaccine injury?

If you believe you have experienced a vaccine-related injury or adverse reaction, you should report it to your healthcare provider immediately. This is important for several reasons:

  • Reporting your injury can help medical professionals and researchers better understand potential risks associated with vaccines.

  • If enough people report similar injuries, it could lead to further investigation by regulatory agencies to improve safety protocols.

  • In some cases, you may be eligible for compensation through the National Vaccine Injury Compensation Program (VICP) if your injury meets certain criteria. Reporting your injury to your medical provider and receiving care is the first step.

Healthcare providers are required to report vaccine-related injuries to the Vaccine Adverse Event Reporting System (VAERS). This organization monitors electronic health data and collects information about:

  • The kind of vaccine given to each patient,

  • The date of vaccination,

  • Other vaccinations given on the same day, and

  • What types of adverse reactions were experienced as a result of the vaccine(s).  

This information is used to make vaccine safety recommendations throughout the country.

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.

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.

Braden A. Blumenstiel, Vaccine Injury Attorney

The law gives Braden a pragmatic way to solve problems using his background in clinical psychology. He is a talented presenter in the courtroom, as he understands how to effectively question witnesses and relay information. He specializes in vaccine injury, personal injury, probate litigation, and business law, and has been recognized for his work by SuperLawyers.
BAR ADMISSIONS
U.S. Northern District, U.S. Southern District, Ohio
EDUCATION
Juris Doctorate - Moritz College of Law at the Ohio State University, 2004