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Vaccine Injured Petitioners Bar Association Responds to CDC’s Revised Childhood Immunization Schedule

Thu, 08 Jan 2026 14:08:00 GMT

"Statement from the VIP Bar on Recent Revisions by CDC - https://www.vipbar.org/press-release /"

"The Vaccine Injured Petitioners Bar Association (“VIP Bar”) is a national, nonpartisan organization of attorneys who represent individuals and families seriously injured by vaccines and who rely on the Vaccine Injury Compensation Program (“VICP”) for legal compensation for their pain and suffering, medical expenses, future medical care, and lost wages. The VIP Bar strongly supports safe, effective, and evidence-based vaccination schedules as a cornerstone of public health. At the same time, the VIP Bar unequivocally opposes the Centers for Disease Control and Prevention’s recent decision to revise the childhood and adolescent immunization schedule by changing routine recommendations for Hepatitis A, Hepatitis B, influenza, meningitis, rotavirus, respiratory syncytial virus (RSV) and COVID-19 vaccines. This change was not properly vetted by The Advisory Committee on Immunization Practices (“ACIP”) or supported by newly published safety or efficacy data, nor was it grounded in any emerging scientific consensus, rendering the decision both unjustified and deeply concerning.

The CDC’s role in public health is to promote disease prevention and transmission reduction through clear, consistent, and science-driven vaccine recommendations. Removing or materially altering routine recommendations sends a confusing and destabilizing message to parents, providers, and the public, regardless of whether those vaccines remain technically “available.” Recommendation status matters. It influences uptake, confidence, and trust in the entire immunization framework. Abrupt changes that are untethered from new evidence risk undermining public confidence and trust not only in the affected vaccines, but in the CDC’s immunization guidance as a whole.

The most immediate and severe consequences of this decision will be borne by future vaccine-injured individuals and their families. The Vaccine Injury Compensation Program, established through bipartisan congressional effort, exists to ensure that those who suffer rare but serious vaccine injuries have access to timely, no-fault compensation while preserving broad immunization coverage. By changing routine recommendations, the CDC jeopardizes access to this essential legal safety net. With further erosion of the recommended immunization schedule, families whose children are injured by these vaccines could find themselves excluded from the VICP altogether, left without meaningful recourse for lifelong medical needs, disability, and pain and suffering.

Contrary to some public narratives, pushing vaccine-injured individuals into civil litigation is not a viable alternative to the Vaccine Injury Compensation Program. Civil courts operate under strict evidentiary and procedural rules that do not apply in Vaccine Court, including heightened liability and causation standards and rigid admissibility requirements that would, in most cases, foreclose recovery altogether. Vaccine injury claims litigated in civil court would also be forced into protracted multidistrict litigation, where cases routinely take 10 years to litigate without any reasonable expectation of compensation to the injured victims.

The experience of recent vaccine-related multidistrict litigations underscores this reality. Litigation involving Zostavax, the shingles vaccine, has been pending for approximately seven years, and litigation involving Gardasil, the HPV vaccine, has been ongoing for roughly five years since the earliest cases were filed, with more than three years spent in centralized multidistrict proceedings. In both litigations, the overwhelming majority of cases have been dismissed on legal and evidentiary grounds, with no global settlement and no meaningful compensation paid to injured claimants. These outcomes demonstrate that while potentially appropriate/necessary in certain circumstances, overall, limiting vaccine injury claims to the slow, unforgiving and expensive forum of civil litigation will mean no relief for the vast majority of vaccine-injured individuals.

The CDC should be strengthening and expanding evidence-based vaccine recommendations where science supports them, not withdrawing long-standing protections without justification. Public health challenges continue to evolve, and ongoing threats such as influenza, RSV, pneumonia, and meningitis demand rigorous evaluation and clear guidance. Retreating from established recommendations for vaccines long relied upon by families and providers represents a step backward at a time when public health leadership is most needed.

This action also represents an early and troubling step toward undermining the Vaccine Injury Compensation Program itself. The VICP is a foundational component of the nation’s vaccination framework, balancing widespread immunization with fairness to those harmed in service of the public good. Weakening this program will predictably increase vaccine hesitancy, decrease vaccination rates, and heighten the risk of outbreaks of once-preventable diseases. The United States’ public health vaccination policy cannot reach its full potential without a robust federal compensation program—namely, the Vaccine Injury Compensation Program—to address the rare but serious adverse events that can result from vaccines.

Equally concerning is the CDC’s reclassification of several vaccines from “recommended” to “shared clinical decision-making,” a change that carries no meaningful clinical benefit but could lead to devastating legal consequences. Shared decision-making has always existed in medical practice. Even under routine CDC recommendations, physicians and patients regularly discuss individual risks, contraindications, and medical history before vaccination. This rebranding does nothing to improve patient care or informed consent, yet may dramatically undermine access to the VICP. HHS has helped no patients with this move and further action may strip future vaccine-injured individuals of access to real compensation.

VIP Bar urges the CDC and the Department of Health and Human Services to reconsider this course, to reaffirm their commitment to evidence-based policymaking, and to preserve the integrity of the Vaccine Injury Compensation Program. Public health and justice are not competing values. They are inseparable. The United States’ public health vaccination framework cannot function effectively without a durable, transparent compensation system—namely, the Vaccine Injury Compensation Program—that ensures those rare individuals who are injured are cared for while the broader population remains protected."

Understanding the Appeals Process

Thu, 25 Jul 2024 13:07:52 GMT

The appeals process can be complex and intimidating, but understanding its key components can demystify it and help you navigate it more effectively. Whether you're involved in a civil or criminal case, knowing how the appeals process works is essential. Here, we break down the steps and important considerations of the appeals process to give you a clearer picture of what to expect.

1. What is an Appeal?

An appeal is a request made to a higher court to review the decision of a lower court. It's not a new trial but a legal process where the appellant (the party appealing) argues that there were errors in the trial's procedure or in the judge's interpretation of the law that affected the outcome.

2. Grounds for Appeal

To appeal, you must have legitimate grounds. This can include legal errors, misinterpretation of the law, procedural errors, or new evidence that could significantly impact the case's outcome. Simply being unhappy with the verdict is not sufficient grounds for an appeal.

3. Notice of Appeal

The first step in the appeals process is filing a notice of appeal. This document informs the court and the opposing party that you intend to seek a review of the lower court's decision. It's crucial to file this notice within the prescribed time limits, which vary by jurisdiction.

4. Preparation of the Record

The record on appeal includes all documents, evidence, and transcripts from the trial court. Both parties may work together to ensure the record is complete and accurate. This record is essential as the appellate court relies on it to review the case.

5. Briefs

Both the appellant and the appellee (the party responding to the appeal) must submit written briefs. These documents present each party's arguments and cite legal precedents to support their positions. The appellant's brief focuses on the alleged errors, while the appellee's brief argues why the lower court's decision should be upheld.

6. Oral Arguments

In some cases, the appellate court may schedule oral arguments, allowing both parties to present their cases verbally. This is an opportunity for the judges to ask questions and seek clarifications. However, not all appeals include oral arguments; some are decided based solely on the written briefs.

7. Decision

After reviewing the record and considering the briefs (and oral arguments, if applicable), the appellate court will issue a decision. The court may affirm the lower court's decision, reverse it, or remand the case back to the lower court for further proceedings. This decision is typically based on whether the appellate judges find that significant legal errors occurred.

8. Further Appeals

If you are dissatisfied with the appellate court's decision, you may seek further review by a higher appellate court, such as a state supreme court or the U.S. Supreme Court. However, higher courts have discretion over which cases they will hear, and not all appeals are granted further review.

9. Importance of Legal Representation

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10. Final Thoughts

The appeals process is a critical component of the judicial system, providing a mechanism for correcting errors and ensuring justice is served. While it can be challenging, understanding the steps involved and having skilled legal representation can help you navigate this process with greater confidence.

If you find yourself needing to appeal a court decision, contact Black McLaren Jones Ryland & Griffee PC for expert legal assistance. Our attorneys, licensed in Tennessee, Mississippi, Arkansas, Missouri, and New York, are well-versed in the intricacies of the appeals process and are here to help. Call us today at (901) 762-0535 to discuss your case and explore your options.

Autism & Vaccines: Are They Correlated?

Tue, 16 May 2023 17:28:19 GMT

If you have ever talked to someone who is against vaccinations, they have probably given you the reasoning that vaccines can cause autism. This reasoning is wrong on more than one level. First, there is nothing wrong with someone who has autism. Secondly, there has never been a proven correlation between vaccines and Autism Spectrum Disorder. Let’s discuss where this confusion comes from and how they are unrelated.

What Is Autism?

Autism spectrum disorder is a developmental disability that can affect someone's social skills, behavior, and communication abilities. When someone has autism, they may find it hard to contribute to conversations, hold eye contact, or control their behaviors.

Autism is a spectrum disorder so no two people will be affected the same way. Some people with autism will be very high-functioning and independent, while others may need a little extra help with their day-to-day activities. If you are wondering if you may fall in the autism spectrum, there are some symptoms to look for.

Symptoms of Autism

There are many symptoms that could be a sign of autism.

Some of those symptoms can include:

Inability to hold eye contact
Nonverbal tendencies
Inability to express emotions
Dislike of physical touch
Brain-stimulating behaviors such as hand flapping, rocking, head-banging, etc.
Gait dysfunction showcased through dropped shoulders and walking on toes
Inability to recognize social cues (e.g., sarcasm, body language, jokes)

Someone with autism could present with all the listed symptoms, or even just one. Because the spectrum is so broad, autism can, in many cases, be difficult to diagnose.

What Causes Autism?

Doctors have not found concrete evidence to determine what exactly causes autism. However, they have found that autism is hereditary and if it runs in your family, there is a higher chance of autism being passed down to your children.

Other things that doctors think may play a role in a child developing autism include:

Mother having diabetes while pregnant
Mother being overweight during/before pregnancy
Late-life pregnancy
Premature birth
Air pollution
Viral infections during pregnancy

While there are many factors that may contribute to the development of autism, doctors have not found any proof that vaccines play a role in the development of Autism Spectrum Disorder.

The Role Vaccines Play in Autism Development

Vaccines play zero roles in developing autism. The myth that vaccines can cause autism began with the false claims of a doctor back in 1998. Dr. Andrew Wakefield published a paper in a scientific journal implying that autism is caused by the measles vaccine.

Dr. Wakefield's research was biased and had a small pool of patients on which he was basing this information. It came out that some of his funding for the research came from lawyers who were helping parents that were wanting to sue the manufacturers of vaccines. Dr. Wakefield's paper was pulled from the journal, and he had his medical license taken away due to spreading misinformation.

Dr. Wakefield's flagrant spreading of misinformation caused many people to lose their trust in not only the measles vaccines, but all vaccines. Despite the paper being pulled from the journal, it took a long time for vaccine numbers to rise back up to where they were before.

Even today, there are people who refuse to get any vaccines for themselves and their children. While they have the freedom to avoid vaccines, it is very dangerous, and can potentially be fatal if certain diseases were to resurface and spread.

Why Are Vaccines Important?

Vaccines are important because they are lifesaving preventative measures against diseases and viruses. By simply getting the suggested vaccinations, you can stave off life-threatening diseases, or at least minimize the effect they have on your body. Certain vaccines can cause pain, but the benefit of vaccines outweigh the cost. To ensure their safety, vaccines go through rigorous testing before they are released to the public.

Although vaccines are safe and recommended, you can fall victim to human error. If you suspect you were given the wrong vaccine or the vaccine was administered improperly, contact us today at Black McLaren Jones Ryland & Griffee PC, and we will help you get the compensation you deserve.

The COVID-19 Vaccine and Pregnancy: A Quick Guide

Tue, 28 Mar 2023 12:33:05 GMT

The COVID-19 vaccine is highly recommended for those 6 months and above. Therefore, even those who are breastfeeding, trying to get pregnant, or currently pregnant should get vaccinated. Below is everything you need to know about the COVID vaccine and pregnancy.

Are You Likely to Show COVID Symptoms if You Are Pregnant?

While many people are asymptomatic or show mild symptoms, according to the CDC, you are more likely to show severe symptoms from COVID-19 if you were recently pregnant or are currently pregnant compared to those who are not pregnant. Furthermore, you can have complications that affect your pregnancy and the fetus if you contract COVID-19 while pregnant.

For example, being pregnant and contracting COVID-19 may lead to the delivery of stillborn or pre-term infants. Therefore, if you are pregnant, you should ensure that you are up to date on your COVID-19 shots as specified by your doctor.

Is the COVID-19 Vaccination Safe During Pregnancy?

Yes, the COVID-19 vaccine is safe during pregnancy. The vaccine is beneficial to both the mother and the child. Furthermore, the vaccine's benefits outweigh the risks for a pregnant woman.

The vaccine does not cause the coronavirus because the vaccines administered do not contain the live virus. Safety monitoring systems reported no concerns from people who received an MRNA COVID-19 vaccine when pregnant. The vaccine does not cause or increase the risk for adverse events such as miscarriage for pregnant women who take the vaccine before or in the early stages of pregnancy.

Interestingly, many of the women who were hospitalized when pregnant were unvaccinated against COVID-19. At the same time, other studies have shown that the vaccine may help reduce the risk of severe illness during pregnancy.

However, the Centers for Disease Control is still monitoring the effects of the vaccine throughout pregnancy. This type of research is crucial, as the research will help the public understand the effects of the vaccine on pregnant women throughout all trimesters.

Are There Factors That Can Increase the Risk of Contracting COVID-19 During Pregnancy?

Being pregnant can increase your risk of getting COVID-19 if you are unvaccinated. Other factors that increase your susceptibility to the virus include:

Being over 25 years old
Underlying medical conditions
Living and working in places with high numbers of COVID-19 cases and low vaccination levels
Living amongst minority groups that are at an increased risk of contracting COVID-19 because of health inequalities

When Should You Get the COVID-19 Vaccine While Pregnant?

You can get the COVID-19 vaccine at any point in your pregnancy. Your doctor will recommend when you will need your next booster shot. Health professionals recommend getting the Pfizer-BioNTech, Moderna, or Novavax vaccines. Vaccines such as the Johnson & Johnson are only authorized for use under special circumstances when a woman is pregnant.

You can get the COVID-19 vaccine along with other vaccines. However, you should talk to your healthcare provider if you have any concerns about your vaccine schedule.

Are There Any Adverse Effects of the COVID-19 Vaccine When Pregnant?

Like other vaccines, you can get side effects after receiving COVID-19. You will likely feel these side effects after the second or booster doses. Pregnant individuals have reported the same side effects as those who are not pregnant.

One of the most common side effects is fever. If you experience fever during pregnancy, contact your healthcare provider for treatment. You should also let your healthcare team know if you have a history of allergic reactions after receiving other forms of injectable therapy or vaccines.

If you believe that you suffered any adverse effects because of the healthcare team's negligence during vaccination, a vaccination lawyer can help you with your case. Contact us at Vaccination Injury Lawyers for more information on how we can help with your case.

Why Vaccination Is Important

Sat, 04 Feb 2023 12:13:56 GMT

Everyone needs vaccines, whether infants, children, teenagers, or adults. Even though vaccines are effective, some people are reluctant to get vaccinated. Read on to learn the facts about vaccination and the vital role it plays in protecting communities.

Vaccine-Preventable Diseases Are Still Out There

Vaccine programs help keep preventable diseases to a minimum. Diseases like measles, diphtheria, and polio are common in other parts of the world. These diseases can come into a country through international travel.

For instance, 2018 saw a global reemergence of measles due to low immunization in certain countries or regions. According to the WHO , the low vaccination rates were the root cause of the outbreak. You can easily acquire vaccine-preventable diseases without even traveling. You should protect yourself and your loved ones from preventable diseases through vaccinations.

Vaccines Help Reduce Antibiotic Use and Antimicrobial Resistance (AMR)

Antibiotic resistance happens when viruses and parasites change over time and no longer respond to medicines. Antimicrobial resistance (AMR) makes it increasingly difficult to treat diseases, increasing the risk of spread.

Vaccines reduce the risk of transmitting and acquiring resistant microbes, reducing the antibiotics you may use. By reducing the number of infections, a vaccine effectively minimizes the possibility of a pathogen mutating into a drug-resistant form.

Vaccines Are Safe

Vaccine safety is a high priority. Public knowledge of vaccine safety is essential, from development to availability. The CDC conducts safety activities in four activities, namely:

Vaccine Adverse Event Reporting System (VAERS)
Clinical Immunization Safety Assessment (CISA) Project
Vaccine Safety Datalink
Emergency Preparedness for Vaccine Safety

The office monitors vaccine safety to ensure they are as safe as possible. The CDC performs high-quality safety research and helps experts learn about preventable risks. However, vaccines can have minor side effects, such as fever and body aches that usually go away after a few days.

Vaccines Enhance Social and Economic Equity

At a personal level, vaccinations keep you healthy but could also mean the difference between life and death. Infectious diseases burden disadvantaged populations more, leading to high infant mortality rates and reduced quality of life.

Vaccines have a lasting impact on welfare, jobs, public debt, and human improvement in a community. The UN estimate that low-income countries missed out an addition of $38 billion to their GDP forecast in 2021 because of vaccination inequity.

This figure underscores the importance and access to vaccination in developing countries in driving social and economic developments.

Vaccination Helps Protect Others Too

When a community gets mass immunization, it's not only the vaccinated that are protected. People around vaccinated individuals also acquire herd immunity. A community with many vaccinated people makes it harder for a disease to spread in the event a preventable disease strikes.

Heard immunity benefits vulnerable individuals in society who, for some reason, may not be able to take a vaccine, including:

Babies who are too young
People receiving cancer treatment
Elders with poor immune systems

Herd immunity depends on the immunization rate in a community. Measles, for instance, requires a community to have an immunization rate of 95% to achieve community immunity. It's, therefore, essential to keep the vaccination high to protect your entire community.

Vaccines are a vital component of public health, helping to prevent the spread of infectious diseases and protecting individuals from serious illnesses. However, occasionally vaccines can cause injury or adverse reactions in some individuals. In such cases, a vaccine injury claim lawyer can help navigate the complex legal claim process and advocate for the rights of the injured party.

For an assessment of whether you have a valid vaccine injury claim, feel free to contact Vaccination Injury Lawyers today.

The Science of SIRVA

Tue, 24 Jan 2023 22:07:31 GMT

Shoulder injuries following all types of vaccinations are becoming more common as vaccination numbers remain high. Inflammation of the injected shoulder can cause severe pain, limited motion, and other symptoms that last months or years. Sometimes, surgery is even required. Compensation for these specific injuries is available. For a more in-depth analysis of what a SIRVA is and how it occurs, check out the following article. Click Here .

5 Types of Vaccines Available Today

Tue, 22 Nov 2022 21:54:50 GMT

The first vaccine became available in 1798, and scientists have developed many other vaccines since then. Today, with technology taking center stage in the medical industry, vaccines help to protect billions of people from many preventable diseases. The vaccines are of different types, depending on the targeted pathogen.

This blog post discusses the common vaccine types in existence today.

1. Live Attenuated Vaccines

Scientists can weaken or attenuate a virus or bacteria and use the pathogen for immunization. The first step is to find a virus or bacterial strain that can activate an immune response but won't actually cause diseases.

Typically, you won't need an additional dose of this type of vaccine because the immune system usually reacts better to live pathogens. Since this method is easier, most of the first vaccines contained attenuated viruses.

2. Inactivated Vaccine

While attenuated vaccines have live pathogens, inactivated vaccines consist of dead bacteria or viruses. You will need repeated doses since the dead pathogens can't replicate. However, this vaccine can be effective because antibodies can't influence it, which is why infants and people who just received medication that contains antibodies typically take the inactivated vaccine.

The process of creating an inactivated vaccine starts when the virus grows in a culture medium. During the growth, the producers will study the virus and identify the ideal conditions.

When the virus reaches maturity, producers use heat to inactivate — or kill — the virus. Usually, the first dose of this vaccine type will activate your immune system, but the system only develops an immune response after the second or later doses.

3. Toxoid Vaccines

If you want long-term protection against bacterial diseases, consider toxoid vaccines. The vaccine uses weak versions of certain bacteria called toxoids. These toxoids are weakened types of toxins with less toxicity but effective immunogenicity.

While toxoid vaccines lack the toxicity of live bacteria, the vaccine will still induce a strong immune system response. Moreover, the vaccine can withstand extreme humidity, temperature, and light and is more stable. Toxoid vaccines are often the main form of immunization against tetanus and botulism.

4. Viral Vector Vaccine

A viral vector vaccine inserts genetic substances of a specific antigen into a cell via a viral vector. The genetic material includes the genetic matter of an antigen inside the modified form of a virus. The viral vector virus is harmless and won't cause any infection. In addition, the genetic material won't embed itself into your genome.

Vaccine producers typically modify the viral vector so that the virus won't replicate once inside the host. Similarly, while other vaccines only lead to humoral immunity, viral vector vaccines can result in the stronger cytotoxic T-cell response.

The viral vector vaccine became popular for immunization during the COVID-19 pandemic. For example, vaccines such as Sputnik V use modified chimpanzee viruses to offer protection against the covid-19 virus.

5. Polysaccharide, Conjugate, Recombinant, and Subunit Vaccines

These vaccines only use specific parts of the virus or germ. As a result, the immune system response can be quite aggressive, although it may not be as strong as that for the whole germ or virus. You will also need vaccine top-ups to boost the immune response.

Nevertheless, these vaccines are appropriate for people with weak immune systems or certain medical conditions.

The main differences between these vaccines are.

Subunit vaccines use the surface of a virus or a germ
Recombinant vaccines are a result of genetic engineering
Conjugate vaccines use two unique parts of a virus or bacteria
Polysaccharide vaccines have sugar particles from the exterior section of the virus or bacteria

Sometimes, you may need multiple types of vaccines to trigger the required immune response.

Get Compensation for Vaccination Injuries

Vaccines should protect you from diseases and boost your health. However, improper or incorrect vaccine administration can cause injuries and other side effects.

When this happens, Black McLaren Jones Ryland & Griffee PC will help you to get compensation. Contact us for more information.

GBS & Flu Vaccination: What You Should Know

Wed, 21 Sep 2022 13:58:16 GMT

Unfortunately, every year records a percentage of individuals who develop Guillain-Barré Syndrome (GBS) after getting the flu vaccine. This issue makes some people hesitant to get the vaccine due to fear of developing GBS.

If you or your loved one has developed GBS after getting the flu vaccine, you may wonder what Guillan-Barré Syndrome is, and its connection to the flu vaccine. Discover everything you should know about GBS and the flu vaccine below.

What is Guillain-Barré Syndrome?

GBS is a rare autoimmune disease of the peripheral nervous system. The condition occurs when the body's immune system mistakenly attacks healthy nerve cells in the peripheral nervous system.

Various issues, such as bacterial infection, may trigger GBS. But the disease has also been linked to previous flu vaccinations in some individuals.

What Are GBS Symptoms?

The symptoms of this condition may be mild or severe. For example, some people may experience only minor weakness while others may be paralyzed.

The most common early symptom of GBS is tingling and numbness in the extremities, often in the feet and hands. The sensation then progresses up the body, reaching the arms and face. Other symptoms include:

Weakness in the legs and arms
Muscle pain
Coordination problems
Abnormal sensations such as prickling, burning, or electric-shock-like feeling
Swallowing difficulties and facial muscle weakness

What Is the Best GBS Treatment?

If you experience any of these symptoms after getting a flu vaccination, seek medical help immediately. This step will help the doctor diagnose and treat GBS in the early stage.

You will need hospitalization for monitoring. Here are some treatment options to manage GBS.

Intravenous Immunoglobulin (IVIG)

Intravenous immunoglobulin is a blood product that contains antibodies. These antibodies can help block the immune response that’s attacking the nervous system.

Plasmapheresis

Plasmapheresis is a procedure in which your blood plasma is removed and replaced with fresh frozen plasma or saline solution. This treatment aims to remove harmful antibodies from your blood.

If needed, you may also undergo physical therapy, psychological support, and respiratory assistance.

What Is the Link Between GBS and Flu Vaccination?

There is a possible link between GBS and previous flu vaccinations. A study in 1976 found an increased risk of developing GBS after receiving the swine flu vaccine.

Note that the symptoms of GBS may take some time to manifest. Also, experiencing the mentioned symptoms does not automatically mean you have GBS. Therefore, let a medical professional diagnose you. Your doctor may conduct a lumbar puncture or nerve conduction study to confirm GBS.

When to Seek Compensation?

If you develop GBS after getting a flu vaccination, you may be eligible for compensation for the emotional and financial damage caused. But first, you must prove that the vaccine was the cause of your condition. For example, you may need to provide medical records or expert testimony.

The claim filing process can be complex, especially if you are not knowledgeable about the vaccine injury law. But things get easier with a lawyer by your side.

An experienced lawyer will help build your case and increase your chances of compensation. The attorney can gather evidence and get expert witnesses. The law expert will negotiate with the insurer to ensure you get the compensation that matches your injuries. Then, you can focus on recovery and leave the legal process to your lawyer.

Vaccination Injury Lawyers is your trusted vaccine injury law firm. We have extensive experience and knowledge to help you navigate the claim process and get the compensation you deserve. We will evaluate your case first and help you understand your legal options. Contact us to schedule a consultation.

What You Should Know About Chicken Pox Vaccine and Side Effects

Thu, 28 Jul 2022 01:23:09 GMT

Some years back, when chicken pox cases were high, the chicken pox vaccine was a necessity. But today, some parents question whether the shot is worth it and whether it's safe. Read on to learn about chicken pox vaccine safety and what to do in case of side effects.

Who Should Get the Chicken Pox Vaccine?

The chicken pox vaccine is mainly for children over the age of one. But also, adults who have never had chicken pox should consider the shot. In addition, adults who work with children, for example, in daycare centers, are more prone to severe chicken pox and should get vaccinated.

However, you should not get a chicken pox shot if:

You are pregnant
You have a weakened immune system
You are allergic to the chicken pox vaccine ingredients

If you or your child has any of these conditions, consult your doctor before vaccination.

How Effective Is the Chicken Pox Shot?

Undoubtedly, the chicken pox vaccine is effective. Thanks to the vaccine, chicken pox cases have declined drastically. Reports show that chicken pox shots prevent over 3 million chicken pox cases annually in the US alone.

Can One Get Chicken Pox After Vaccination?

You may get chicken pox even if you've been vaccinated, but this chicken pox will be much milder and last for a shorter period. However, in rare cases, chicken pox can still be severe. Therefore, you should watch for signs of serious illness and contact a doctor if you have any concerns.

How Safe Is the Chicken Pox Shot?

Chicken pox shot is safe, but like any other medicine, the vaccine can have mild side effects. However, reports show that only approximately 2% of kids develop mild effects after vaccination.

For instance, some kids may develop mild chicken pox, but this occurrence is common in children who have never had chicken pox before. Note that this chicken pox should not be as severe as regular chicken pox. Your child may also develop a fever that goes away with time.

Other mild side effects of the chicken pox vaccine include:

Mild fever
Pain and redness around the injection area
Mild swelling around the injection area

Note that these effects will go away after a few days. Therefore, parents have no reason to fear, especially if you consider the fatality of chicken pox. Prevention is much better than looking for a cure when the worst happens.

What If Your Child Develops Severe Side Effects?

In rare cases, the chicken pox vaccine can cause more severe side effects, such as pneumonia or brain inflammation. However, these side effects are incredibly rare and usually only occur in people with weakened immune systems.

If you or your child experiences any of the following after chicken pox vaccination, be sure to get in touch with a doctor immediately:

Difficulty breathing
Wheezing
Hoarseness
Swelling of the face, mouth, or throat
Hives
Pale skin
Weakness
Dizziness
Rapid heartbeat

Note that while the injection site may become sore and painful, the pain should get better and disappear shortly. However, if the pain escalates daily, you may have suffered an injury.

When to File a Vaccine Injury Claim

Your doctor will assess the symptoms to determine if they result from a vaccine reaction. You can then use the doctor's reports to file a claim and get compensation.

Not all cases are viable for compensation, so you should hire a vaccine injury attorney to establish your eligibility for compensation. The lawyer will check the doctor's reports and the incidents that led to your symptoms.

You can also trust your attorney to investigate your case and gather solid proof to support your claim. Then, the vaccine lawyer will represent you in court as you take care of your child or focus on recovery.

Proving a vaccine injury is complex. But you can count on our expertise to make the process manageable for you. We have successfully represented many clients in vaccine injury cases and can help you too. So, contact us at Vaccine Injury Lawyers for more questions on vaccine injury and discuss how we can help you.

The National Vaccine Injury Compensation Program: Everything You Need to Know

Sat, 21 May 2022 21:24:42 GMT

Vaccines are essential for protecting humans against diseases that the body's immunity system does not naturally know how to fight. When administered, a vaccine triggers an immune response in your body by teaching it how to produce antibodies to fight a particular disease.

Though rare, sometimes vaccine administration results in death or injury. Often, these injuries or deaths do not result from the vaccine itself but rather from the body's reaction to the administered vaccine. As such, the health practitioner who administered the vaccine is not at fault.

Have you or do you know someone who has ever sustained an injury from a vaccine? If you have, you should know about the National Vaccine Injury Compensation Program (NVICP).

What Is The National Vaccine Injury Compensation Program (NVICP)?

The NVICP was a response to a scare in the 1980s over the DPT vaccine. After many people filed lawsuits against vaccine manufacturers and healthcare providers over the side effects of the DPT vaccine, vaccine production in the US was under threat. Therefore, the government had to take action.

The US government formed the program under the 1986 National Childhood Vaccine Injury Act to provide liability protection for healthcare providers in cases where patients died or incurred injuries from specified vaccines. The program is still active today.

The NVICP provides financial compensation for death or injuries sustained from vaccination. Unlike other personal injury cases where claimants have to provide proof of fault, vaccine injury compensation programs work on a "no-fault" basis. Thus, you do not have to prove that your healthcare provider did anything wrong to qualify for compensation.

Who Can Claim Compensation Under The NVICP?

Only someone who falls under the following categories may file a claim for compensation with the NVICP:

• A parent or guardian who believes their child sustained a vaccine-related injury

• The legal guardian of a disabled adult who believes the adult under their care sustained a vaccine injury

• The survivor of a deceased person who died from vaccine-related complications

• An individual who believes they suffered a vaccine-related injury

• A person representing the estate of a deceased person whom they believe suffered a vaccine injury

The most crucial consideration under a vaccine injury compensation claim is that the claimant believes the injury resulted from the vaccine. The program also considers the period for which the injury lasted and whether you required inpatient care due to the injury.

What Is the NVICP Claims Process?

The NVICP claims process follows the steps below:

• File a petition with the federal claims court

• If your application meets the requirements for compensation, the US Department of Health and Human Services (DHHS) recommends your application to the US Department of Justice (DOJ).

• The DOJ then creates a legal analysis report, including the medical recommendation, which it submits to a special master official

• The official holds a hearing for evidence presentation, and if they judge the evidence sufficient, they declare the amount and type of compensation you are due

• The court then orders the DHHS to award you compensation

Do I Need an Attorney to File an NVICP Claim?

A lawyer is not a mandatory requirement for an NVICP claim. However, having legal representation makes the process much easier for you. Vaccine injury cases are complex, as they involve medical issues and legal procedures that an inexperienced person may have difficulty navigating.

You must prove the relationship between your injury and the vaccine during the court hearing. Having a skilled attorney helps because they help you gather evidence to prove your claim, present a convincing argument in court, and have experience in witness cross-examination. An attorney also helps you document your petition, ensuring you do not leave vital details.

The NVICP caters to all legal fees in a vaccine injury case. If you are the victim of a vaccine injury, you do not have to go through the compensation claim process alone. Contact us today, and let us be your partner in your vaccine injury case.

All You Need To Know About Vaccine Injuries

Thu, 31 Mar 2022 19:40:28 GMT

The increased demand for vaccines and their importance to boost immunity makes them a medical industry staple. While vaccines should boost your immunity, some people usually experience adverse reactions.

The government set up a National Vaccine Injury compensation program to help curb the negativity against vaccines. To stake a compensation claim, you need to understand which type of reaction or vaccine injury you might have.

What Is the Difference Between a Vaccine Injury and a Vaccine Reaction?

Typically, you will experience some effects after an immunization shot. You might have a fever, sore throat, or a heavy hand, but the symptoms shouldn't last longer than usual. The reaction is due to your body's response to the vaccine shot.

The main difference between a vaccine reaction and a vaccine injury is the duration of your effects. With a proper analysis of the symptoms, you will understand how to medically deal with the compensation case injuries.

Ensure that you visit a doctor if you feel anything out of the ordinary after a vaccination.

What Are the Common Vaccine Injury Syndrome?

If you are unsure about your health after vaccination, you can check out these vaccine injury symptoms.

Shoulder Injury

A shoulder injury is a common effect after vaccination. The injury might also cause a complete dysfunction of the shoulder to conditions like frozen shoulder syndrome, shoulder bursitis, and others. You should visit a doctor for a further checkup if the soreness lasts longer.

Allergic Reactions

If you are allergic to the vaccine's contents or the vaccine itself, you can experience some allergic reactions like itchiness, swelling, or even fainting. Ensure you let the immunizations officer know your allergies to avoid such situations.

Nerve Inflammation

If your immune system turns against itself after the vaccination — Guillain-Barre syndrome — you need to visit a doctor for immediate attention. Without quick intervention, you can get nerve damage or muscle paralysis.

Inflammation

If you experience blurred vision, paralysis, weakness, pain, or bowel dysfunction, you might have vaccine-induced Transverse Myelitis. It's a spinal cord inflammation that has no cure.

You can only manage it through different treatments. Therefore, early detection of this syndrome will prevent further damage.

Arthritis

If you experience joint pains or swellings after vaccination, you might have arthritis. It's a common effect after the rubella vaccine.

What Should You Do After Identifying the Symptoms?

Once you identify the symptoms, you need to take quick action to prevent adverse or permanent effects like sensory or nerve damage or even death. Then, after you visit the doctor, you can take the next step to file a claim at the VICP.

You need to check the statutes on how to file a claim before you take on the process. The VICP mainly covers childhood vaccines . But this doesn't limit you to stake a claim at the vaccine's injury table. You should file your claims within three years of the onset of the reaction. Failure to which the claim will be null and void.

You can also get a specialized lawyer who will help you get through the compensation process. This comes at no cost for the complainant, which gives you a fairer chance to win the compensation case.

What's the Compensation for a Vaccine Injury?

It's possible to get compensation for a vaccine injury. Most of the filed petitions between 2003 and 2017 got compensated for their claims. With sufficient evidence, you can get proper compensation.

Vaccine injury claims continue to decline over the years. There is more research and enlightenment in vaccine research and administration.

If you identify the symptoms and file the complaint promptly, you will get your due compensation. Contact us to find out more about vaccines and vaccine injury from our top vaccine lawyers.

Vaccine-Related Injury Claims: What You Need to Know

Tue, 23 Nov 2021 14:17:40 GMT

If you suffer from pain after being vaccinated, you may have a vaccine injury. Some minor discomfort and even a slight fever within the first couple of days of vaccination are typical. However, if you have an ongoing medical issue that has prevented you from conducting your life as normal, the issue may lie with your vaccination.

Vaccine-related injuries, sadly, are common in many people. You may need continued medical treatment to deal with the side effects of your injury. The medical costs, plus the cost of not being able to perform your job, are expensive and can cause major disruptions in your life. For that reason, you may want to consider a vaccine-related injury claim.

A federal program exists to help those who suffer vaccine injuries receive some compensation. The National Vaccine Injury Compensation Program provides financial assistance for those who have had a negative reaction to vaccines. Discover what you need to know.

Does Your Vaccine-Related Injury Meet Eligibility Requirements?

To file a claim with the federal government for financial relief, you have to meet some requirements. A medical professional must diagnose you or your child with a vaccine-related injury. If you are the representative of a person who passed away from a vaccine-related injury, you have to prove the person died due to their injuries.

Next, your injury is either considered on-table or not on-table. The governing agency in charge of the Vaccine Injury Compensation Program has a table that lists the injuries that may receive compensation. You can file a claim that is not on-table. Understanding the nature of your injury with regard to the table helps you better facilitate your claim.

Additionally, your vaccine-related injury must meet the severity requirements the program outlines. The program will only pay for those injuries in which it considers severe. Severe injuries have some qualifications.

Vaccine-related injuries are severe in three instances . First, the injury must be ongoing for at least six months after you receive the vaccination. Second, you had to go to the hospital and require surgery for treatment for the injury. Third, a vaccine-related injury that results in death is severe under the program's requirements.

Do You Have a Deadline to File a Claim?

You must file your claim within a certain timeframe if you want to have the best chance of receiving compensation. If you receive an injury due to a vaccine, file your claim within three years after receiving the vaccine and onset of symptoms. If the vaccine-related injury resulted in a death, the person acting on behalf of the deceased should file a claim within two years of the death.

How Do You File a Claim?

If you have met all the requirements and are within the outlined timeframe, you can move forward with filing a claim for your injuries. First, contact an attorney who works with vaccine-related injury cases.

Once you have representation, you will file a petition with the government stating who has the injury, the vaccine that caused the injury, the date on which you got the vaccine, and when the symptoms began.

The petition is then evaluated to make sure you meet all eligibility requirements. After that, the federal government will create a report analyzing the legality of your claim and send it to the court. You will then attend a hearing to present your evidence on why you should receive compensation.

If you have any questions about getting compensation for a vaccine-related injury, please contact Vaccination Injury Lawyers . We are happy to help you with this important matter and will answer any questions or discuss any concerns you have.

Flu Season 2022-23 – Vaccinations, Concerns, and Injuries

Fri, 12 Nov 2021 21:39:48 GMT

With the COVID-19 pandemic still top of mind for most of us, influenza may seem like a minor nuisance. However, flu can be a deadly disease, leading to serious complications, hospitalizations, and in the worst cases, death. The flu vaccine remains an integral part of public health and is the first line of defense against contracting the flu.

It is worth stressing that while the flu vaccine will not protect you from coronavirus, it is still an excellent idea for most people aged six months and up. Doing so greatly reduces your chances of getting the seasonal flu. Even in cases where the illness is contracted after vaccination, the shot decreased the chances of severe symptoms

The Centers for Disease Control, the Advisory Committee on Immunization Practices, and the Healthcare Infection Control Practices Advisory Committee already recommend that all U.S. health care workers get vaccinated annually against influenza. This year, many more organizations have joined healthcare providers in requiring employees to be vaccinated against the flu, including universities. Requirements will vary state-to-state, but businesses across the nation are expected to begin requiring the flu shot for all employees.

Some important facts to keep in mind:

• Much like COVID-19, influenza is spread mainly by droplets made by coughing, sneezing, or talking.

• It may also be spread by touching a surface that has flu virus on it, and then touching the mouth or nose. This is less likely, but it does occur.

• A person can spread the flu before symptoms begin. Symptoms begin one to four days after the virus enters the body, but a person is contagious on day one.

• Annual vaccination is recommended because flu viruses mutate from year-to-year, and immunity declines over time.

• Ideally, you should get vaccinated before “flu season” starts, usually by the end of October. A later vaccination is still beneficial, however. In fact, getting vaccinated by Thanksgiving should be a goal for everyone at risk. [1] This is particularly true this year, as we come out of a pandemic and begin gathering with family and friends again.

According to the CDC, the seasonal flu vaccine protects against the strains of influenza that research indicates will be most common during a flu season. The flu vaccine itself cannot cause you to get flu, as they are developed with killed or weakened viruses. Mild side effects can occur, such as soreness at the injection site, and are usually gone within two days.

Serious problems from flu shots are very rare, but with so many required to be given this year, some injuries are inevitable. A small number of people may suffer unpredictable and rare negative reactions. In such cases, it is important to be aware of your legal rights and how to apply them effectively. Relief for vaccine injury is available through the federal government, but applying for the relief can be a daunting and complicated task. At Black McLaren Jones Ryland & Griffee, P.C., we have over 60 years of combined experience in vaccine law and are here to help in the event of an unfortunate flu vaccine injury. To learn more, or to set up a free consultation, please give us a call at ( 615) 815-1508 .

If you are uncertain about receiving the flu vaccine, it is best to discuss those concerns with your physician to get a professional opinion about what is best for you.

A Brief History of Vaccines: Benefits and Injuries

Tue, 28 Sep 2021 21:06:47 GMT

Vaccines are made of live or weakened microbial or viral cells, proteins, and toxins from disease-causing organisms. The process of administering vaccines is called vaccination, and it is meant to stimulate the body's immunity.

The body has an immunologic reaction where it defends itself when a disease-causing agent is introduced through vaccination. The body is equipped with the ability to fight off such attacks in the future.

This principle has allowed substantial leaps in modern medicine as diseases thought to be incurable, such as polio, have been successfully eliminated globally. Discussed below is the history of vaccines, benefits, and injuries that occur today.

History

The concept of vaccination can be traced back to 16th century China. However, our modern vaccination methods are linked to Edward Jenner, who successfully created an inoculation against smallpox. He reported the vaccine's potential efficacy and detailed production procedures in scientific literature. The processes' name was derived from cows because the source virus affected cows - Vacca is Latin for cows.

Jenner's vaccine later proved itself indispensable in fighting the smallpox outbreak of the 1800s. The disease was highly contagious and lethal 80 percent of adults and 20 percent of children who were infected with smallpox died. Estimates suggest that over 300 million people succumbed to the illness before it was eradicated in 1979.

By the end of the 19th century, multiple human vaccines had been developed. These inoculants were designed to fight smallpox, rabies, plague, cholera, and typhoid illnesses. However, a legal framework governing their production and use was absent, leading to multiple public health issues.

For example, in 1901 , St Louis and Camden suffered contamination events involving the smallpox vaccine and diphtheria antitoxins. Over 20 children died from the two events resulting in an enormous public outcry over the safety of vaccines.

The U.S. Congress passed legislation to control the sale of serums, viruses, toxins, and analogous products. The act formed and gave the Hygienic Laboratory of the U.S. Public Health Service the mandate to regulate the production of all biological drugs in the country. This institution later morphed into the current National Institute of Health.

Other measures to regulate the development of vaccines as microbiological procedures advanced include the U.S. Public Service Act of 1944 and the Division of Biologics Standards. The latter is a government body that oversees vaccine safety.

Benefits

Vaccination offers countless benefits for both the individual and the community. Vaccines first provide individual immunity.

Individual immunity may sometimes offer lifelong protection against a particular disease. When children are vaccinated, they become immune to historically fatal diseases such as measles, polio, chickenpox, diphtheria, whooping cough, and pneumococcal infections.

Secondly, vaccines provide herd immunity. When enough people are vaccinated within a community, herd immunity develops. This phenomenon provides blanket immunity for the community allowing even immunocompromised individuals to be protected from a particular contagion that would otherwise be deadly.

Injuries

Because vaccines are made from elements of a disease-causing agent, vaccination can sometimes result in complications. The adverse effects of most vaccines are mild, including slight pain, bruising, headaches, and syncope.

However, some people experience severe complications known as adverse events. Miniscule levels of neomycin, an allergenic antibiotic, are present in measles, mumps, and rubella vaccines. The antibiotic can cause severe allergic reactions in affected individuals. Other potential allergens include gelatin found in some virus vaccines.

Although rare, examples of adverse events include eye infections, eczema, encephalitis, whole body rush, site infections, and death.

Vaccines have revolutionized modern medicine. Despite their benefits, vaccines occasionally have had rare yet adverse effects since their development. At Vaccination Injury Lawyers, we help people whom vaccines have injured. If you or your child has experienced adverse effects, contact us today.

The 4 Vaccine Ingredients You Should Know About

Mon, 26 Jul 2021 23:07:12 GMT

Vaccines feature various ingredients, some of which trigger your immunity. Others ensure the vaccine is safe, durable, and effective. It is vital to know the composition of your vaccine in the event something goes wrong. This allows you to be prepared if you need to file for compensation.

More importantly, understanding what's in your shot, whether for flu or any other disease, will help you avoid vaccines with potentially adverse effects. Here's an overview of four vaccine ingredients to know.

1. Immunity Ingredients

Vaccines should make your immunity strong enough to prevent you from contracting a disease. They contain immunity ingredients, such as adjuvants, to boost the body's immune response to the vaccine and virus.

Aluminum salts are one example of adjuvants found in many vaccines and oral medication. Others include monophosphoryl lipid A, QS21, MF59, and CpG. Such ingredients are essential in both preventative vaccination and disease treatment.

Antigens are other immunity ingredients featured in many other vaccines. They are dead or weak cells capable of causing disease and help your immune system learn how to fight against the virus.

Antigens ensure your body is ready to combat the disease as it won't be the first time your immune is encountering a foreign virus. The flu virus, rotavirus (yellow fever), and oral poliovirus are examples of antigens.

2. Stabilizing Ingredients

Vaccines should be safe, durable, and efficient, and stabilizing ingredients are key in achieving this objective. Sugars and gelatin are the most common stabilizers, so it is essential to know which one is present, especially if you are allergic to gelatin.

Stabilizers protect the integrity of the vaccine throughout manufacturing, storage, and transportation. Some ensure the active agent stays unchanged despite shifts in temperature and other factors.

Vaccines have different types of stabilizers, besides sugar and gelatin. For instance, the HPV vaccine contains polysorbate 80 . Other common stabilizers include magnesium chloride for the oral polio vaccine and magnesium sulfate for measles.

3. Production Ingredients

Some ingredients used in the production of the vaccine remain in small harmless traces in the final product. The popular group is residual cell culture materials, which include things like egg protein, which grows the bacteria or virus needed to make the virus.

Residual inactivating ingredients - such as formaldehyde - kill or weaken the bacteria and viruses in the vaccine. On the other hand, remnant antibiotics, such as Neomycin, prevent contamination during the manufacturing process.

Vaccine production has many byproducts, depending on the final product. DNA, Antibiotics, and egg protein are common remnants you'll find in small traces. Others include human tissues, fetal tissues, and yeast.

4. Preservative Ingredients

Preservatives are sometimes grouped with stabilizers as they help to protect the vaccine from pathogens, bacteria, and external contamination. However, they form a unique category of ingredients found in vaccines and many oral medications.

Most vaccine preservatives are for bottles with more than one dose to prevent contamination in between doses. There's always the likelihood of germs getting into the vaccine bottle after opening it the first time. Preservatives merely prevent bacterial and fungal contamination.

Some preservatives, such as thimerosal, have been under scrutiny because they contain mercury, a substance linked with many adverse effects. As such, you should identify and research the preservative used in your vaccine.

Vaccines have been the subject of focus for many years. Some vaccine ingredients may result in more harm than good, and it is essential to know what to do if you are a victim of vaccine injury.

Vaccination Injury Lawyers can help you through the legal process at no cost. Contact us today to learn more about vaccination injury and how to file for compensation.

Covid Shot Injury Payments Path Would Ease Under House Bill (1)

Fri, 11 Jun 2021 16:20:22 GMT

Measure would let HHS add Covid-19 shots to compensation program
House subcommittee hearing set for June 15

Covid-19 shots could find their way into a decades-old injury compensation program intended mostly for children’s vaccines under bipartisan legislation announced by House lawmakers Thursday.

Adding new vaccines to the federal Vaccine Injury Compensation Program (VICP) requires either an act of Congress, or a notice and rulemaking process—which can often be lengthy. A bill by Rep. Lloyd Doggett (D-Texas) and Rep. Mike Kelly (R-Pa.) would make that process easier by giving the Department of Health and Human Services authority to add to the list of eligible shots.

When it comes to getting new vaccines covered by the program, the legislation “definitely speeds things up,” said Christopher Webb, a vaccine injury attorney at Black McLaren Jones Ryland & Griffee P.C.

Under the current structure, it takes at least two years from recommendation for a vaccine to get on the list of those covered by the VICP, Webb said. But the legislation “requires HHS to speed things up on their end to add vaccines recommended by the CDC,” such as Covid-19 vaccines.

Congress is “delegating that power,” Webb said.

The VICP was established through a 1986 law and provides compensation for injuries from vaccines recommended by the Centers for Disease Control and Prevention for routine administration to children.

Covid-19 vaccine injuries are covered under another federal program called the Countermeasures Injury Compensation Program (CICP), but that program is criticized as opaque and less generous than the VICP. The average payout under the VICP, around $533,000, is more than twice the amount of what the CICP typically offers, at a little over $200,000, according to the HHS.

The number of Covid-19 vaccine complications appears relatively low. In the U.S., severe allergic reactions to the shot occurred in approximately two to five people per million, according to the CDC .

The legislation “will give Americans more peace of mind and help put this pandemic behind us even faster,” Kelly said in a statement announcing the legislation, dubbed Vaccine Access Improvement Act .

Case Backlog

Another bill announced Thursday, the Vaccine Injury Compensation Modernization Act by Doggett and Rep. Fred Upton (R-Mich.), addresses concerns of mounting caseloads and lack of transparency within the VICP.

The legislation is among a handful of vaccine-related measures that the House Energy and Commerce Health Subcommittee will consider June 15.

Among the changes proposed in the bill is an increase in the number of special masters—or VICP judges—to reduce the case backlog. The “inadequate number of special masters” currently in the VICP is “one of the largest problems” for the program, said Altom Maglio, an attorney at Maglio Christopher & Toale P.A.

“There’s been an awful lot of vaccine administrations added to coverage in the ensuing 30-plus years” since the VICP went into effect, Maglio said. “They just can’t keep up. And the backlog is growing and growing.”

Others in the vaccine injury law space have lauded the judge increase as a much-needed improvement for the program, framing it as a crucial step during the pandemic.

The legislation ensures “the public has a vibrant safety net for all those who protect their families and communities by getting vaccinated,” Renée Gentry, director of the Vaccine Injury Litigation Clinic at George Washington University Law School, said in a statement.

Also among the changes to the program are an increase in the cap on damages; an increase in the time to file a claim from three to five years; and an expansion of the types of vaccines eligible to include those recommended for routine administration in adults by the CDC.

“This legislation updates an important consumer protection tool to assure it is capable of fairly addressing the one-in-a-million injuries that may be associated with COVID-19 vaccines,” Doggett said in the statement.

(Updates throughout with additional comments.)

To contact the reporter on this story: Ian Lopez in Washington at ilopez@bloomberglaw.com

To contact the editors responsible for this story: Fawn Johnson at fjohnson@bloombergindustry.com ; Alexis Kramer at akramer@bloomberglaw.com

3 Risks of an Improperly Administered Vaccine

Mon, 24 May 2021 02:29:15 GMT

In most cases, vaccines are administered without problem. However, even when you don't have sensitivities to a particular vaccine, you may develop problems if the vaccine was administered incorrectly. Whether due to stress, inexperience, or another factor, mistakes happen. But in the medical field, mistakes can lead to severe injuries and expensive damages.

To learn more, keep reading about the risks of improperly administered vaccines.

1. SIRVA

Shoulder injuries related to vaccine administration, or SIRVA, are caused when the needle causes more trauma than expected. Improper vaccine administration or an improper needle length can cause this condition. In SIRVA cases, the damage from the needed can lead to deltoid or shoulder bursitis, tendonitis, or a rotator cuff tear.

It's common to experience some mild tenderness after a vaccine. However, with SIRVA, the pain is more intense. It usually appears about 48 hours after the vaccination and won't go away. In some cases, the arm can still be sore months after the vaccine.

Besides causing damage to the soft tissue, an improperly administered vaccine can cause nerve inflammation or nerve injury. Nerve inflammation may go away after the area heals, but damage to a nerve could be a lifelong issue.

Treatment consists of managing the inflammation while the area heals. In severe cases, such as cases involving loss of range of motion or nerve damage, physiotherapy may also be necessary.

2. Infection

Skin infections often occur after a break in the skin. This allows bacteria, viruses, fungi, and parasites to get inside. For this reason, the health worker will disinfect your arm before a vaccine. If something goes wrong, however, the needle can be a perfect way for germs to hitch a ride inside.

Some common skin infections include cellulitis, impetigo, staph, herpes simplex, yeast infection, scabies, shingles, and athlete's foot.

In many cases, your body's natural defenses can fight off these infections. However, people with weaker immune systems may not be able to fight off the germs. In severe cases, if left untreated, a skin infection can reach the bloodstream. The bloodstream takes the bacteria to other parts of the body, leading to widespread infection (septicemia).

Treatment usually involves creams or special antibiotics to help your body naturally fight the infection. If you have septicemia, you'll need broad-spectrum antibiotics that kill off different kinds of bacteria at once. Fluids may also be given to help prevent blood clots.

3. Wrong Vaccine

For the most part, if you go in for a vaccine, you'll get the vaccine you wanted. However, it is possible for a health care worker to give you the wrong vaccine, which can cause a few problems.

First, if you've been given the wrong vaccine, you aren't immune to right disease, putting you at risk. In some cases, you may even need these vaccines to protect you during international travel. If you don't have the right vaccines, however, you may get various diseases during your travels.

However, even if you don't plan on traveling, getting a flu shot when you need tetanus shot isn't helpful and can lead to problems.

Additionally, getting the wrong vaccine increases your risk of having an allergic reaction. You may be allergic to something in the wrong vaccine, and if the person administering the shot doesn't realize that you have allergies, it can lead to many adverse side effects.

If you've experienced an adverse effect due to an improperly administered vaccine, then you deserve to be reimbursed for your damages. If you would like to learn more, or if you want to talk about your own case, contact us at Vaccination Injury Lawyers today.

Shoulder Injury Related To Vaccine Administration (SIRVA)

Thu, 13 May 2021 22:19:41 GMT

Temporary arm soreness and stiffness following vaccination is common, but on rare occasions the pain can become chronic. In those rare cases, the pain may gradually get worse over time and be accompanied by loss of range of motion in the shoulder. This is known as shoulder injury related to vaccine administration (SIRVA). The shoulder pain typically begins within 48 hours of vaccination and does not improve with over-the-counter pain medicine. Patients may initially delay seeking treatment under the assumption that the pain will resolve on its own. They may seek treatment months later due to limitations in their ability to carry out activities of daily living. Diagnoses commonly associated with SIRVA include bursitis, rotator cuff tears, and adhesive capsulitis.

In addition to clinical evidence from case reports, new research provides epidemiologic evidence supporting the association between subdeltoid bursitis after influenza vaccination. See Hesse EM, Navarro RA, Daley MF, Getahun D, Henninger ML, Jackson LA, Nordin J, Olson SC, Zerbo O, Zheng C, Duffy J. Risk for Subdeltoid Bursitis After Influenza Vaccination: A Population-Based Cohort Study . Ann Intern Med. 2020 Aug 18;173(4):253-261. This is an original study performed to estimate the risk for subdeltoid bursitis after influenza vaccination, involving 2,943,493 patients who received an inactivated influenza vaccine during the 2016-2017 influenza season. The investigators determined that an additional 7.78 cases of bursitis occurred during the 3 days after vaccination for every 1 million persons vaccinated. In other words, approximately 1 out of every 130,000 flu vaccine injections resulted in subdeltoid bursitis. The researchers concluded that they identified a small risk for subdeltoid bursitis with new symptom onset after injection of an influenza vaccine and that the study provides epidemiologic evidence of an association that was previously supported by clinical evidence from case reports.

If you developed any of the above injuries after being vaccinated, please contact Vaccine Injury Lawyers.

COVID-19 Vaccine Injuries: What You Should Know

Mon, 29 Mar 2021 20:25:11 GMT

The coronavirus pandemic is still spreading across the globe, despite the various measures set to curb it. And as days go by, it is increasingly becoming clear that social distancing and other measures are not effective if not well followed.

The COVID-19 vaccine has bought a ray of hope that everything might go back to normal. However, like with the other vaccines, the vaccine does not guarantee 100% safety from the pandemic. Similarly, a few vaccinerelated injuries may arise, depending on several factors. Here is everything that you should know about COVID-19 vaccine injuries.

What Are Vaccine Injuries

A vaccine injury is also known as a vaccine adverse effect. It is any negative effect that happens to your body after taking the vaccine. An injury can occur when the physician is not well experienced enough to administer the vaccination and does it wrongly. The result could be a physical wound or other internal pains.

Similarly, you may experience a vaccine injury if you get the wrong immunization or if your health was not fit for the vaccine.

What Are the Signs and Symptoms for COVID-19 Vaccine Injuries

It's natural to be worried if the COVID-19 vaccine will be safe or cause adverse effects. And while you may not prevent the injuries from happening, you can watch out for the signs to seek help immediately. Here are the common symptoms of COVID vaccine injuries:

Headache
Nausea
Excess pain at the point of injection
Fever
Joint and muscle aches

Most of the above reactions should disappear within one or two days. They should not alarm you unless they are so severe. You should, however, seek immediate help when you experience the following:

Trouble breathing
Confusion
Pressure on your chest
Blue face or lips

A health care provider should examine you and take the necessary management measures.

Though unlikely, the worst possible injury that can happen is unexplained death. According to a report, 23 elderly COVID vaccine recipients in Norway lost their lives shortly after receiving the vaccine. However, investigations are still underway to confirm if the vaccines were the primary cause of deaths.

How to Minimize Mild COVID-19 Vaccine Injuries

As mentioned, the mild symptoms disappear after a short time. But should they bother you, then you can follow these tips to reduce the pain:

Place a cold cloth on the sore/swollen point of injection
Take a bath
Get a pain reliever

Don't hesitate to contact your health care provider if the injuries last for more than 72 hours despite taking the above actions.

What to Do Next

As mentioned, it's normal to experience a few effects immediately after taking the COVID vaccine. But, the effects should not be too severe to threaten your life or cause long-lasting complications to your health.

If that happens, you should report the case to a vaccine injury lawyer . The lawyer should help you get compensation for all the injuries, as well as the expenses you incur.

But before then, you should have a conversation with your doctor and record the conversation if possible. You should also keep a record of the medications you use to ease your pain, as well as the costs you incur during the period.

Like the other vaccines, the COVID vaccine is meant to keep everyone safe amidst the pandemic. If you plan to get vaccinated, take note of the tips above to know when you should take action. Also, don't hesitate to take the necessary legal action if you experience severe injuries. Vaccination injury lawyers help people with vaccine injuries to get justice and the compensation they deserve.

The Biden administration is taking the final steps toward dropping a Trump-era policy hindering people injured by vaccines from seeking federal compensation.

Thu, 25 Mar 2021 13:44:06 GMT

Possible Adverse Effects From Vaccination: What to Do Next

Fri, 22 Jan 2021 08:46:09 GMT

All vaccinations have potential risks and can cause a mild reaction. Some can cause medical issues, but the benefits still outweigh the risks of the diseases they prevent. Unfortunately, some vaccine injuries can lead to severe complications, lifelong health issues, or even death. Learn how to report a vaccine injury and how to get compensation for your injuries and expenses.

Visit the CDC

Visit the CDC (Centers for Disease Control) website if strange symptoms begin after a vaccination. The CDC lists all side effects common for the vaccinations commonly given in the United States. Review the list of potential reactions for the vaccine to see if the symptoms felt could relate to the recent shot.

Do not give up if you cannot find the symptom on the website if you believe the vaccination led to the illness or injury. Some reactions may only become commonly known if multiple people report their experiences.

Contact the Doctor

Call the primary care physician for the individual affected to discuss the problem. Forgo the phone call and visit an emergency room or urgent care center for severe cases like a high fever, seizures, or difficulty breathing. Make an appointment for a checkup if the symptoms do not go away within a few days or seem to worsen.

The visit to a medical facility will help to document the illness as occurring shortly after the vaccination. Also, it helps to make the medical community aware of the side effects of a vaccination experienced by patients. This information can help others to have more warning of potential adverse reactions.

Make a Report

The Vaccine Adverse Event Reporting System (VAERS) is a division of the Health and Human Services department of the United States government. The system exists to collect data about current vaccinations and inform the medical community when reactions become too common or too severe.

Physicians that know about a reaction in one of their patients must report the information to the VAERS, but the patient can also provide the information. The website has online forms that make the reports easy to complete and submit.

The online form will need the patient's information, vaccine information, and information about when and where the vaccination took place. The report will also include the symptoms the individual experienced and when the reaction began. You may also need the contact information for any physician involved.

Call a Lawyer

Vaccine injuries can lead to a variety of health-related expenses, loss of work, and other costs. The results may even cause lifelong disabilities or health problems. People that suffer these types of incidents may receive compensation for the pain and expense they endure.

Most compensation comes from the U.S. Government's Vaccine Injury Compensation Program. The program exists to protect pharmaceutical companies from the expense of lawsuits that may jeopardize their ability to produce the vaccines the country needs. The program also gives consumers the ability to get compensation for their injuries.

A lawyer can review the case to decide if the reaction exceeds what a patient should expect from the vaccination they received. Sometimes, someone may have tampered with the vaccine, or a doctor may have recommended a shot to someone that was not healthy enough to receive it. A lawyer can research the event to make certain to file the correct claim for the incident.

Vaccine injuries can vary and may reduce the quality of life for anyone affected. Contact us after any unexpected reaction that causes unnecessary distress, pain, or expense. At Vaccination Injury Lawyers, we help people with vaccine injuries get the compensation they need and deserve. Contact us today to schedule a free consultation.

FAQ About Vaccinations and Guillain-Barré Syndrome

Fri, 20 Nov 2020 21:59:04 GMT

Guillain-Barré syndrome affects approximately one out of every 100,000 individuals in any given year. Although rare, this condition can cause debilitating symptoms and worrying problems when it does strike. In some cases, a vaccination can set off a bout of Guillain-Barré syndrome.

Once you understand some basic points about this mysterious medical challenge, the more effectively you can recognize its hallmark symptoms and pursue compensation for related financial losses. Take a look at the answers to these frequently asked questions on the subject.

What Is Guillain-Barré Syndrome?

Doctors classify Guillain-Barré syndrome as a neurological disorder in which a malfunctioning immune system destroys the outer myelin sheaths of nerves. These protein-based sheaths serve as insulation for the nerves. Without their myelin sheaths, nerves have trouble sending signals to various parts of the body.

How Does Guillain-Barré Syndrome Affect the Body?

Guillain-Barré syndrome typically causes symptoms such as tingling, pain, and/or muscle weakness in the upper or lower extremities. Weakness may start in your legs and make it way upward. You may also experience difficulties controlling your face, eyes, bladder, or bowels.

The weakness and other neurological problems created by Guillain-Barré syndrome can eventually interfere with your mobility, manual dexterity, and your ability to perform your job. Most cases eventually resolve themselves, but full recovery can take years, even with the aid of extensive rehabilitation.

What Causes Guillain-Barré Syndrome?

Researchers still have no definitive answer for why some people develop Guillain-Barré syndrome. However, in some two-thirds of reported cases, sufferers had experienced some kind of infection the months preceding their symptoms.

You may have an elevated risk for Guillain-Barré syndrome if you have contracted a viral infection such as influenza, COVID-19, Zika, HIV, Epstein-Barr, or cytomegalovirus. A recent gastrointestinal infection, a bout of pneumonia, or a struggle with infectious hepatitis can also make you vulnerable to the disorder.

Why Might Vaccinations Trigger Guillain-Barré Syndrome?

Many vaccines use inactivated versions of certain germs, prompting the immune system to react to them as it would to the active disease. It would appear that, in individuals predisposed to Guillain-Barré syndrome, the immune system's reaction to the vaccine could also include nerve damage.

This connection caught the attention of the medical community during the infamous swine flu outbreak of 1976. Some patients who received a new vaccination created to fight this swine flu strain developed Guillain-Barré syndrome. Other kinds of flu shots might also contribute to a small number of cases each year.

How Do You Seek Compensation for Losses Related to Guillain-Barré Syndrome?

If you have lost your motor abilities due to Guillain-Barré syndrome, you might have to take an indefinite leave from your work, depriving your family of much-needed income. Medical bills, home health care, and physical rehabilitation treatments can make your financial burden that much worse.

If a vaccination appears to have played a role in your illness, you can seek financial compensation to help cover these losses. However, you cannot do so by suing the manufacturer of the vaccine. Instead, you would pursue your request through a no-fault alternative known as the National Vaccine Injury Compensation Program .

The National Vaccine Injury Compensation Program guards vaccine manufacturers against lawsuits that might otherwise hurt their ability to remain in operation (thus depriving countless Americans of much-needed disease protection). The manufacturers pay into a fund specifically designed to fulfill valid compensation requests.

To request this kind of compensation, you must submit a petition to the U.S. Court of Federal Claims. The Department of Health and Human Services' medical experts will first review your evidence to determine its validity. The U.S. Department of Justice will then relay the report to a federal court for a final decision.

A court-appointed individual called a special master will make the final decision regarding your compensation, including the amount you'll receive. However, even if the court dismisses your claim, it may still compensate you for your legal fees.

Bring your questions about vaccination-related Guillain-Barré syndrome to Vaccination Injury Lawyers. Our experienced team of vaccination lawyers can evaluate your case and guide you through the available paths to compensation. Contact our office today.

3 Medical Disorders That May Mean a Vaccine-Related Injury

Tue, 29 Sep 2020 22:37:49 GMT

Some people report mild symptoms following a vaccine like fever, rash, or swelling at the injection site. Side effects like these usually mean your body has begun to build an immune response to that virus.

However, some individuals develop severe medical disorders after they receive a vaccine. Fortunately, the National Vaccine Injury Compensation Program, or VICP, helps those receive compensation who are injured as a direct result of their vaccine. Discover three medical disorders that may mean a vaccine-related injury and how to recognize them.

1. Intussusception

Some children that receive the rotavirus vaccine developed intussusception, or a blockage of the intestines. Intussusception occurs mostly in children between six months and three years of age. A child with intussusception will have severe abdominal pain that comes and goes. A child may also have nausea, vomiting, and rectal bleeding or bloody stool.

Intussusception does not diminish on its own. A doctor must perform tests to determine whether there is a true blockage. A physical examination is followed by an ultrasound, barium enema, or air contrast enema to pinpoint the diagnosis.

To treat intussusception, the doctor uses a radiological procedure to push the intestine back into place. If unsuccessful or a child has a great deal of infection, surgery is necessary to completely straighten the intestine.

At least one child out of every 20,000 to 100,000 vaccinated develop intussusception. However, the VICP can help with compensation for medical bills and other costs.

2. Shoulder Injuries

A shoulder injury related to vaccine administration, or SIRVA, differs slightly from most vaccine injuries in that it is not specific to any specific immunization. Instead, SIRVA occurs as a result of how an injection is administered.

A needle aimed too deeply into the deltoid muscle of the upper arm can cause an inflammatory effect in the fluid-filled sack right under the deltoid muscle in the shoulder joint. Damage can occur to a rotator cuff, joint capsule, or axillary or radial nerves. Additionally, too high of an injection administers vaccine contents into the shoulder capsule rather than the deltoid muscle.

After any vaccine, you may feel immediate shoulder pain, later followed by muscle weakness, reduced strength, and problems with range of motion. For example, you may have difficulty raising a cup to your mouth.

Most of the time, shoulder pain goes away with rest and ice, pain medication, steroid injections, or physical therapy. Chronic SIRVA may mean you should seek help from an experienced attorney who can help represent you under the VICP.

3. Guillain-Barré Syndrome

Each year, millions of Americans opt to receive a flu shot at the beginning of flu season. This vaccine, along with the tetanus vaccine, has ties to an autoimmune disorder called Guillain-Barre Syndrome, or GBS. This rare disorder becomes evident within a few weeks after the vaccine and causes nerve damage. People with GBS experience:

• Tingling in fingers, wrists, toes, and ankles

• Pain and weakness in the lower body that spreads upward

• Increased difficulty walking and using stairs

• Difficulty speaking, chewing, and swallowing

• Double vision

• Rapid heart rate

GBS has no known cure, but proper treatment can help lessen the severity of its effects. Often, patients recover their ability to walk and most of their motor strength after several months of therapy. While the risk of a fatal case of seasonal influenza is rare, the likelihood you develop GBS from your flu vaccine is even rarer.

GBS and other disorders that stem from vaccines are unfortunate but still make vaccines worth the risk. If you or a loved one develops a vaccine-related injury, contact an expert in this field to represent you in your quest for compensation. Call Vaccination Injury Lawyers for more information about VICP and how you can benefit.

A Brief History of the Smallpox Vaccine

Thu, 23 Jul 2020 19:25:39 GMT

Smallpox is the only disease to be eradicated via vaccination. Though it ravaged the world for many centuries, we are now free of the disease and no longer need to vaccinate. Read on to learn more about the history of smallpox inoculation and how it helped eradicate the disease.

Variolation

Smallpox cases can be definitively traced back as early as the 6th century in China and Japan, but effective preventative treatment was invented much later. As smallpox became a worldwide epidemic, people looked everywhere for a solution.

Smallpox was extremely deadly with a high mortality rate. Those infected developed scars, blindness, and were often disfigured even after recovering. Because of the severity, people often looked for preventative measures rather than cures.

The first preventative treatment developed was variolation. The process had a healthy person injected with pus from a smallpox sore. The person inoculated would develop a mild case of smallpox, and have a much higher chance of living through it than if they had contracted smallpox naturally. After this discovery, the process of variolation gradually swept across the world.

The effects of variolation can be seen in history books. When George Washington led his troops against the British to take Quebec, the campaign failed because of a smallpox epidemic among American troops. The British all had been variolated and were therefore immune.

Vaccination

Variolation significantly decreased the mortality rate of smallpox, but those inoculated still developed symptoms. Edward Jenner, born in 1749, was an important contributor in developing the vaccine for smallpox, which came from unexpected origins.

Smallpox affected every demographic, from the most wealthy to those in poverty. However, milkmaids seemed to be immune. After some investigation, Jenner discovered that these workers had likely already suffered from cowpox.

After research and testing, Jenner proved cowpox was an effective tool to immunize against smallpox. He inoculated a young boy, who developed a mild fever and chills but was completely healthy ten days after the procedure. Later, when Jenner injected the boy with the smallpox virus, no symptoms developed. Immunization with cowpox was a much safer procedure than variolation, and so the vaccine developed.

Despite having conclusive proof, Jenner was ridiculed for his findings. People found it hard to believe that there was an effective vaccine for smallpox that reduced the mortality rate even more than variolation. Eventually, Jenner received worldwide honors for his work, but he refused to use his vaccine or research to gain wealth. Instead, his private practice suffered because of his devotion to his research.

Eradication

After the smallpox vaccine was developed and recognized as effective, the war on the disease began. In 1959, the WHO (World Health Organization) began an effort to completely eradicate smallpox. However, the campaign quickly died from a lack of funds and a shortage of vaccine donations. Smallpox ran rampant through South America, Africa, and Asia.

In 1967, the Intensified Eradication Program began. Instead of petering out quickly, this effort was successful in eradicating smallpox. This was because of a number of new inventions and processes, including:

The bifurcated needle
New, higher-quality freeze-dried vaccines
Surveillance systems to track cases
Mass vaccination campaigns

Today, smallpox is effectively eradicated to the point where we no longer need to be vaccinated. However, the danger of the disease has not completely ceased. Military personnel are sometimes vaccinated against smallpox in case it is used for bioterrorism. Regardless, the eradication of smallpox is one of the greatest achievements of mankind, and the development of the vaccine saved millions of people.

Although vaccination can be hugely effective at providing protection against disease, injuries and complications can occur. At Vaccination Industry Lawyers , we help those across the country that have been injured by vaccines receive compensation. Our attorneys specialize in immunization and vaccine injury law and will represent you in your vaccine injury claim. Contact us today for a free consultation.

Vaccine Injury Claim FAQs

Tue, 26 May 2020 21:19:30 GMT

If you, your loved one, or somebody you know has a vaccine-related injury or condition, you possibly have several questions about your rights and the processes you need to follow when filing a vaccine injury claim. This article will provide answers to some of the most common questions in this area to help you understand the basics of a vaccine claim procedure.

How Can You Tell If You Have an Immunization Injury or Reaction?

Vaccine reactions, for the most part, are usually minor and go away within a few days. Reactions to vaccines may include soreness at the injection site, low-grade fever, and mild headache. If a vaccine reaction lasts longer than expected, it could point to the possibility of a vaccine injury.

Keep in mind, just because the side effects of a vaccine lasted for a few hours or days doesn't mean everything is okay. If this happens, you should see a doctor for a diagnosis because this is the only way you can know for sure if you have a vaccination-related injury or were just experiencing an immunization reaction.

What Steps Should You Follow After an Immunization-Related Injury?

The first thing you should do once you start experiencing adverse effects following immunization is to see a doctor for diagnosis and treatment. Ask the doctor to document their findings and thoughts. You may be able to use the medical records as evidence in your compensation case.

Also, make sure you record all crucial details about the injury or illness - when the vaccine was administered, the type of injury, when the first symptoms appeared, and how long your symptoms lasted.

Next, contact the physician or hospital that gave you the vaccine and ask them to provide you with a copy of your treatment data. Once you gather the evidence you need (including your medical records and medical evaluation documents), you need to prepare and send your claim.

Additionally, make sure you have a vaccine attorney by your side when filing your complaint. Involve an experienced lawyer who is well versed with the vaccination laws. A seasoned attorney can help you collect convincing evidence, submit your claim within the statute of limitations period, and get the compensation you deserve.

The lawyer will also ensure you follow the National Vaccine Injury Compensation Program's filing guidelines when preparing and submitting your claim.

What Kind of Compensation Are You Likely to Receive?

If you're eligible, you may get compensated for the past and the future expenses and the stresses related to your injury not covered by your payment protection insurance (PPI). This may include lost wages and benefits, hospital and rehabilitative costs, permanent disability, and physiological suffering.

You might also get compensated if there is sufficient evidence that a vaccine caused the death of a loved one.

What Types of Injury or Illness Qualify for Compensation?

If a covered vaccine caused an adverse effect, you may be eligible for compensation. Covered vaccines refer to any immunization shortlisted on the Vaccine Injury Table . If the vaccine you received is government-approved but not categorized as a covered vaccine, you can still get compensation if you provide tangible evidence that the vaccine caused your injuries or condition.

These FAQs are only meant to give you a basic understanding of how to file a claim after an immunization illness or injury. The basic knowledge is neither enough to help you avoid mistakes that many petitioners make nor help you win the case in the court. If you want to have the best chance of getting the justice you deserve, make sure you hire a vaccination and immunization lawyer.

If you have questions or would like to speak to our vaccine lawyers regarding your vaccine injury or claim, don't hesitate to contact us . We are happy to help you.

Coronavirus Countermeasures: Updates and Experimental Treatments

Wed, 13 May 2020 19:37:55 GMT

The federal response to COVID-19 changes on a near daily basis, as we are continually learning more about the virus as the pandemic progresses. In March, the Secretary of Health and Human Services issued a Declaration under the Public Readiness and Emergency Preparedness Act for certain medical products to be used against COVID-19. A significant update includes more clarification on the Countermeasures Program in which the type and number of approved countermeasures is clarified and expanded. For full details, you can read the full advisory alert from HHS .

The take away, in short, is this: Individuals injured by treatments for COVID-19 may be eligible for protection and recoupment of medical bills, lost wages, or other damages if the injury was the result of treatment for COVID-19 using a “qualified pandemic or epidemic product.” This includes any FDA-approved drug, device, or biological product used to diagnose, treat, or prevent COVID-19. The definition was expanded to include certain respiratory devices such as ventilators.

The most current updates include damages for injuries related to the use of items like experimental medications or PPE, to name just two. Again, the countermeasure must be used for COVID-19 only, and must be:

Approved, licensed, or cleared by the FDA
Authorized under an Experimental Use Authorization (EUA)
Described in an Emergency Use Instruction (EUI), or used under either an Investigational New Drug (IND) application or an Investigational Device Exemption (IDE)

If you meet the criteria, you may be eligible for compensation under the Countermeasures Injury Compensation Program, designed by the federal government to provide financial assistance to individuals injured by a medical treatment or procedure. Please read my previous post to find out more.

If you have questions about COVID-19 and any associated injuries from treatment or testing, please contact our team of vaccination injury attorneys at (844)542-8954 or email us at vaccinationgroup@blackmclaw.com .

Published By

Chris Webb

Shareholder at Black McLaren Jones Ryland & Griffee, P.C.

The Flu Shot: What You Need to Know

Sat, 04 Apr 2020 17:02:30 GMT

If you care about your health, you should understand the balance between the risks and the benefits of every vaccination. The medical community does its best each year to encourage people to get their flu shot. Everyone needs to know if the vaccination is safe, who should get a flu shot, and what the options are if something goes wrong. If you have questions about flu shots, learn more.

Development and Effectiveness

Immunizations to protect against the flu began in the 1930, but the availability of the vaccination to most Americans began in 1945. The effectiveness of the flu shot varies each year because the strain used to create the vaccine may not be the one that circulates the most through the population.

Thousands of people often die each year in the United States from influenza. It is not unusual for 30-40 million Americans to suffer from the illness during the flu season. A vaccination with only a 40 percent effectiveness rate could still potentially help to avoid a lot of illness and prevent some deaths.

Restrictions of Use

Seasonal flu shots have been safely administered to hundreds of millions of people, according to the Centers for Disease Control (CDC). The CDC recommends vaccinations for everyone older than 6 months. Those that have an allergy to the vaccination and people who are currently ill or had a recent illness may need to forgo the shot.

Eggs are used during the production of the flu vaccine so anyone with a severe egg allergy should only have the shot in a medical setting. A qualified doctor with experience in the treatment of allergic reactions should stay available for assistance if a reaction occurs.

Occurrence of Problems

Side effects happen occasionally with the flu vaccine but are usually mild. Some common issues can include muscle pain, fatigue, and fever as well as other mild complaints. Pain and redness at the injection site and other problems typically subside quickly without any medical assistance needed.

A serious consequence of vaccination could include the worsening of Guillain-Barré syndrome or the return of the illness. Guillain-Barré syndrome (GBS) is a rare condition, and most people recover from the illness, but some will have lasting nerve damage. The condition causes muscle weakness due to nerve cell damage and can cause paralysis.

The connection between the flu vaccine and GBS is not fully understood. The confusion and potential risk make it necessary for doctors to warn their patients about the concern. People currently suffering from GBS, or that have just recovered, should discuss the issue with their doctor before they receive a vaccine.

Options for Compensation

The US Government's Health Resources and Services Administration operates the National Vaccine Injury Compensation Program (VICP). The program offers financial compensation to those who experienced some type of injury due to a vaccination. The injuries must match the type listed by the agency and the claim needs to take place within a specific timeframe.

The agency includes influenza vaccinations as one of the covered vaccines, but only seasonal flu shots. Any vaccinations for non-seasonal flu, like following the H1N1 epidemic or any other epidemic or pandemic, are not covered by VICP. However, the lack of coverage does not mean people cannot file a lawsuit for injuries.

Additional Injury Assistance

Patients with side effects from a non-seasonal flu shot or whose injuries do not match the side effects covered by VICP, can file an injury lawsuit. Complications like a doctor not informing a patient with an egg allergy of the risk and incorrectly administered vaccination that led to infection are examples of when to consider this option.

Vaccination safety remains a hot topic today, but people with real injuries do not want to listen to the hype. At Vaccination Injury Lawyers , we offer genuine assistance with vaccination injuries. Contact us to schedule a consultation. Our team will do all we can to get you the compensation you need and deserve. Contact us today.

Coronavirus: The Law on Injuries from Vaccination and Treatment

Tue, 17 Mar 2020 21:32:45 GMT

Coronavirus: The Law on Injuries from Vaccination and Treatment

As everyone is aware, the United States and the world is in the middle of facing a global

pandemic related to the outbreak of COVID-19 (“Coronavirus”). This article does not focus on

the problems most relatable to everyday Americans: the difficulty in locating some essential

supplies, scheduling difficulties, childcare, employment issues, and what is feeling more and

more like unbearable restrictions on social interaction.

Instead, this article is focusing on something that will be another ripple effect from the

Coronavirus: legal remedies related to the possible subset of reactions/injuries, lost wages,

medical bills, and other damages (up to and including death) related specifically to treatment for

the Coronavirus. All of these things are a possibility in some form or fashion and need to be

addressed by the legal system as treatments and, ultimately, vaccinations are developed and

administered to the general public.

The federal government already administers a program to provide compensation to individuals

injured by vaccinations through the National Vaccine Injury Compensation Program (“NVICP”).

However, there is one important detail of that program that affects the current outbreak. It only

covers vaccinations approved and recommended for regular administration in children, many of

which are also given to adults on a regular basis. These vaccinations are listed on the “Vaccine

Injury Table.”1

Here is a perfect (simplified) example showing the difference: pneumonia has two different

vaccinations normally given. The first, commonly known as Prevnar 13, is recommended

primarily for children, so any resulting injuries or reactions are covered, even those suffered by

an adult receiving the vaccination. The second, commonly known as Pneumovax 23, is

recommended only for older adults and therefore not covered by the NVICP.

The Coronavirus vaccine, once developed, will not immediately be listed on the Vaccine Injury

Table. Much like another pandemic virus outbreak, the 2009 H1N1 influenza virus, any injuries

or deaths related to Coronavirus treatments or vaccinations will be handled pursuant to the

Countermeasures Injury Compensation Program.2

The Countermeasures Injury Compensation Program (“CICP”) was designed by the federal

government to provide assistance to those injured by countermeasures for the benefit of public

health. A countermeasure is a vaccination, medication, device, or other item recommended to

diagnose, prevent or treat a declared pandemic, epidemic or security threat.

It is important to remember: Countermeasures, while the name may sound frightening, are an

important step in battling the spread of this disease. When they become available for

administration, you should always follow the advice of your physician. In short,

Countermeasures – like vaccines – are a good thing. They help save lives.

There is no Coronavirus vaccination available today. However, it is likely to be developed and

administered in the future to combat the disease. When it is, like with any other medications,

some small number of people may suffer unpredicted, rare reactions resulting in injury and/ or

death.

Individuals who suffer injuries of an approved countermeasure to the Coronavirus are eligible for

certain monetary benefits. The benefits available under this Program are medical benefits,

benefits for lost employment income, and survivor death benefits.

Like any regulatory compensation program, the CICP spells out in much more detail the

requirements, deadlines, medical records, filings, and eligible benefits calculations in the actual

Act itself. These acts can be confusing and difficult to navigate on your own. Figuring them out

if you are dealing with an injury or family members who are sick, may seem impossible. But

you can get through this with some perseverance and preparation.

Current Developments and Planning for the Future:

A public health emergency for the entire United States was declared on January 31, 2020 to aid

in the nation’s health care community response to the Coronavirus outbreak.3 As of today,

March 17, 2020, a declaration was issued in the Federal Register creating liability immunity for

activities related to providing medical countermeasures against COVID-19. The declaration also

says people who suffer harm from any countermeasures used may receive compensation under

the CICP.4

This is a positive development showing the federal government is working to utilize all tools at

its disposal to combat this disease and take care of both the public’s health and finances.

The CICP provides a general information website with various forms and guidelines,5 but

making sure to check all the right boxes can be a daunting task for the injured few, with the

failure to properly prepare and file everything resulting in denial to any compensation for even

minor injuries.

Unlike the NVICP, the CICP and any coverage for Coronavirus vaccines and injuries does not

provide for payment of attorneys’ fees or any related costs in submitting the claim.6 However,

legal representation is allowed for claimants willing to seek assistance in preparing and filing a

claim. All claims for benefits under the CICP must be filed within one year of the date of the

administration or use of a covered countermeasure that is alleged to have caused the injury.7

We have over 60 years of combined experience in the NVICP, dating back to its inception in

1988. We are well suited in navigating complicated claims’ issues and preparing them for filing

with the federal government. As the Coronavirus continues to spread, it is important to be aware

of applicable legal rights and how to apply them effectively when and if the time comes. Our

firm will be working to implement a fixed-price model to help potential claimants easily afford

representation that will lower fees and costs and expedite the filing process, while returning a

maximum amount of compensation directly to the client.

In the meantime, we continue to wish you and your family safety and wellness throughout this

unprecedented health challenge. For everyday preventative techniques and preparedness, we

advise that you continue to follow the guidance from the CDC.8

If you have questions or would like to investigate a possible claims initiation process, contact us

directly at https://www.vaccinationlawyer.com/contact-us.

1 https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/vaccine-injury-table.pdf

2 https://www.hrsa.gov/sites/default/files/cicp/about/forms/admininterimfinalrule101510.pdf

3 https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx

4 Federal Register, Vol. 85, No. 52, Tues., Mar. 17, 2020, Notices

5 https://www.hrsa.gov/cicp/index.html

6 42 CFR § 110.44

7 42 CFR § 110.42

~Chris Webb, Shareholder and Attorney, BMJRG.

What to Know About Children and Vaccine Injuries

Mon, 27 Jan 2020 09:31:10 GMT

Being vaccinated is a normal part of childhood for the vast majority of children in the United States. Overall, vaccinations are considered to be safe and a helpful tool for the health of individual children and the general public. However, people can sustain injuries from vaccinations. Learn what you need to know to be vigilant.

Know Which Signs to Look Out For

As a parent, it is completely normal to be nervous and worried after your child is vaccinated. If you are worried, learn about what is and is not normal after a vaccination. Then you can avoid panicking over reactions that are normal.

For example, vaccination sites are often a little bit sore and red after the vaccination. Some children even run a mild fever after being vaccinated. These are typically not issues that you should be concerned about.

On the other hand, if your child runs a high fever, shows signs of an allergic reaction, or has other serious side effects in the hours or days after a vaccine, you should be concerned. Your child's doctor should give you an idea of what to look out for after your child's vaccination.

Keep Notes

If you think that your child is showing signs of a vaccine injury, you should take notes. Jot down what type of vaccine your child received and the date, time, and place of the vaccination. Additionally, write down any symptoms and side effects that your child might be experiencing.

You can even take pictures of the injection site, any rashes that the vaccine might have caused, and any other visible symptoms.

For one thing, if your child needs medical attention, then you may find that all of this information will be very helpful. Additionally, if you need to take legal action due to a vaccine injury, your notes might serve as evidence and might help with the investigation.

Take Your Child to the Doctor Immediately

If you notice that anything seems amiss after your child's vaccinations, you should not hesitate to seek medical attention.

First, you may want to call the physician that administered the vaccine; then he or she can let you know if your child's symptoms are normal and can provide guidance about what to do next. Your child's pediatrician might recommend that you bring him or her in right away.

If your child starts suffering from side effects late at night or over the weekend, you may want to take him or her to an urgent care facility or the emergency room.

Hire an Attorney

If you find that your child does have a vaccine injury, you might wonder what you should do next. In addition to working with your child's healthcare providers to ensure that he or she is getting the best care possible, you may want to look into taking legal action.

After all, your child's vaccine injury could result in a lot of medical bills, so you might need help with covering those bills. In fact, your family might face a lot of financial hardship due to a vaccine injury, since you might have to miss a lot of work, and your child might need long-term care.

An attorney who has experience with handling vaccine-related lawsuits should be able to help. You can typically schedule a free consultation with one of these attorneys to talk about your child's injury, provide any evidence that you might have, and learn more about whether or not you might have a case.

Contact us today if you need help with handling your child's vaccine injury case, and we will do our best to provide you with the legal representation that you need during this challenging time.

3 Reasons Parents Give for Not Vaccinating Their Children

Tue, 19 Nov 2019 09:28:13 GMT

Vaccines are often considered one of the most important medical advances in history. Since the first attempt to vaccinate against the smallpox virus in 1796, vaccines have been successful in saving millions of lives.

Thanks to vaccinations, people were spared from getting cholera, tuberculosis, and other deadly diseases. Despite the success of vaccinations, some parents are choosing not to vaccinate their children, with an increasing number of children going unvaccinated.

The debate between parents who choose to vaccinate and those who don't has become one of the fiercest debates over social media and elsewhere. For proponents of vaccinations, it may be hard to understand why parents don't vaccinate their children. So what exactly are their reasons for choosing not to vaccinate? Here are three reasons parents give for not vaccinating their children.

Reason 1: Vaccinations Contain Harmful Ingredients

Vaccines contain much more than antigens. They also contain adjuvants, antibiotics, preservatives and stabilizers. Parents who choose not to vaccinate say that the ingredients used to make the adjuvants, preservatives, and stabilizers are harmful. These harmful ingredients include:

Thimerosal (contains mercury)
Formaldehyde
Aluminum

Because of the concerns regarding thimerosal, vaccine companies only use this ingredient in the influenza vaccine, and parents have the option to get a flu vaccination that does not contain this ingredient. The small amounts of formaldehyde and aluminum have been deemed safe for children. Other ingredients that some parents are concerned about include antibiotics and gelatin.

The primary concern is that some people are allergic to these ingredients. According to vaccine manufacturers, no allergic reaction to vaccinations has been traced back to antibiotics. Children who are allergic to gelatin can seek other options. However, allergic reactions to gelatin is extremely rare.

Reason 2: Vaccines Can Cause Injury

Although rare, vaccine injuries do happen. Over 3 billion immunizations were administered to children in the United States between 2006 and 2016. Despite the high number of immunizations, there were only 19,772 claims filed with the National Vaccine Injury Compensation Program (VICP) over a thirty-year period.

The vaccinations responsible for the most reported injuries included vaccines for seasonal influenza, Diptheria-Tetanus-Pertussis (DTP), Measles, Mumps and Rubella (MMR), and Hepatitis B. Some of the most adverse reactions associated with vaccines include:

Anaphylaxis
Brachial neuritis
Shoulder injury related to vaccine administration (SIRVA)
Encephalitis
Paralytic polio
Guillain-Barré Syndrome (GBS)

Some parents also believe that the MMR vaccination causes autism. The scientific community has refuted this claim, but it continues to be a concern for parents.

Reason 3: Pharmaceutical Companies Are Not Trustworthy

Some parents simply don't trust the pharmaceutical companies that make the vaccines. Besides not trusting pharmaceutical companies, who are often referred to as big pharma, some parents don't trust the health care system. Many parents are incensed that aggressive marketing by pharmaceutical companies has contributed to the country's opioid epidemic.

They are also upset because many life-saving medications aren't affordable. Anti-vaccination activists believe that pharmaceutical companies only desire money, not to help people become healthier.

The marketing is also often seen as deceptive. These companies spend billions of dollars on marketing their medications, many of which have negative side effects. The fact that vaccine manufacturers are exempt from liability when vaccine injuries occur is one more reason parents don't trust them.

This lack of trust has led some parents to forgo vaccinations altogether for both themselves and their children. Instead, they choose more homeopathic ways of protecting their children from infectious diseases.

For many parents, these are all valid reasons not to vaccinate their children. For parents who have concerns or questions on how to protect their children from the potentially negative effects of vaccines , they can contact Vaccine Injury Lawyers.

4 Things to Know If You've Been Hurt by a Vaccine

Fri, 20 Sep 2019 09:21:31 GMT

Vaccines generally provide an effective way to protect people from dangerous diseases, and they've done a tremendous amount of good for public health at large. However, as with any medical procedure, there are potential negative side effects of vaccines.

If you've experienced serious negative side effects due to a vaccine, here are four things you should know.

1. A Federal Program Provides Compensation

First, you don't have to take on a major vaccine manufacturer by yourself if you think you've been harmed by an immunization. The National Childhood Injury Act of 1986 created a federal program for victims who are seriously harmed or killed by vaccines. Under the National Vaccine Injury Compensation Program (VICP), you can file a claim rather than sue the manufacturer directly.

The claims-filing process may take some time and involves a few basic steps. Most claims proceed as follows:

The affected party files a VICP claim in court

A physician and attorney review the claim
Compensation is offered if the claim is approved and not offered if the claim is denied
The physician is employed by the Health and Human Services administration, and the attorney works for the Department of Justice.

In the event that there's disagreement over the rejection of a claim or over the amount of compensation offered, the claim can be escalated to a Special Master who oversees a trial. After this trial, further appeals can be made through the federal court system if they're necessary, but the program is designed to limit how many claims go to court.

2. A Lawyer Can Help Make Sure You Receive Proper Compensation

While you technically don't have to hire a lawyer to file a claim with the VICP, there are a few reasons you should consider doing so.

First, a lawyer can guide you through the steps and formalities of filing a claim. Although it's possible to figure all of this out yourself, some basic guidance from a lawyer can save you a lot of time.

Second, and most importantly, a lawyer can make sure your claim is handled fairly by the VICP. The physician and attorney who review your claim work for the federal government, not specifically on your behalf. Someone who represents you can ensure your interests are represented and you're awarded an appropriate amount as compensation.

Third, you'll likely want a lawyer's expertise if you do need to appeal your claim in court. The procedures for filing a lawsuit in court can be a labyrinth of complexities, and the relevant laws are even more intricate.

3. Some Lawyers Specialize in Vaccine Claims

Moreover, you don't want to hire just any lawyer to represent you for a VICP claim. This is a narrow and detailed field, and you want someone who specializes in these types of claims and cases. A specialized lawyer will have the experience and expertise necessary to get you the best possible outcome.

If you're unsure whether a particular lawyer specializes in these types of claims, simply ask how many VICP claims a lawyer has handled in the past year. Someone who doesn't specialize in this field might not have handled any or they may have taken on just a few. A specialized lawyer will probably have worked on several claims.

4. VICP Lawyers Work on Alternate Fee Structures

Importantly, lawyers who specialize in VICP claims work on a alternate fee basis. This means they don't charge you any fees at any point during your case, and they don't receive any portion of your recovery.

If you think you've suffered serious negative side effects due to a vaccine, contact us at Vaccine Injury Lawyers to review your potential claim.

The Warning Signs of an Allergic Reaction Following a Vaccination

Fri, 23 Aug 2019 09:21:49 GMT

Vaccinations are a hot topic of debate right now. Some people claim that all children should be vaccinated and even that vaccinations should be a requirement. Others claim that vaccines are harmful and may have potentially negative effects. No matter where you stand on this issue, you should know that vaccines can be harmful if the people who receive them are allergic to one of their components.

In order to avoid allergic reactions, allergy testing prior to vaccinations and being aware of everything a vaccine contains are wise steps to take. You'd also do well to be aware of the warning signs of an allergic reaction to a vaccine. That way, help can be sought before a reaction has the chance to become life-threatening.

Immediate Reactions

The most dangerous types of allergic reactions to vaccines are immediate reactions, also known as anaphylaxis. Fortunately, this type of reaction is not common and typically only occurs when a person has a severe allergy to a component of the vaccine.

These types of reactions, if they are going to happen, will typically begin just a few seconds or minutes after the vaccine has been administered. Signs, which may worsen as time passes, will typically include hives and/or swelling of the skin, reduced blood pressure, and difficulty breathing with possible throat constriction.

All people should be monitored carefully for a few minutes after receiving a vaccine to ensure that this type of reaction does not occur and to treat it in case it does.

Fevers

Another sign that can indicate an adverse or allergic reaction to a vaccine is a fever following the vaccination. Fevers are generally not serious, but they may sometimes be cause for concern. Fevers in very young infants, for example, will require medical attention. This is because fevers are much more serious and life-threatening for babies than they are for other children.

In older children, very high fevers, those above 104 degrees, will also require medical attention. Generally, when a fever is this high, the reaction is quite severe.

Injection Site Reactions

Not all allergic reactions to vaccines occur throughout the body. Sometimes, the reaction is localized to the injection site instead.

With these types of reactions, the reaction typically will not manifest until several hours or even a few days after the vaccine has been administered. Swelling of the injection site, redness, itching, and pain are all common and are generally not cause for major concern.

If the swelling or pain becomes very bad, however, you will probably want to see a doctor to ensure that nothing serious is going on. In most cases, though, this type of allergic reaction is quite mild and will clear up on its own.

Rashes

Sometimes, following a vaccine, people will develop rashes. These rashes might occur at the injection site, or they might occur elsewhere on the body.

With some vaccines, rashes are normal and do not indicate an allergic reaction. With others, though, a rash could be a warning sign of a reaction.

For this reason, make sure to educate yourself on the specific vaccine being received and what effects are normal and to be expected, as well as which ones indicate cause for concern. If you're not sure if a rash is normal or not, and/or if the rash is rapidly spreading or getting worse, check in with a doctor.

With vaccines, you'll be better safe than sorry. If any symptoms following a vaccine concern you, consult a professional. And, if a reaction to a vaccine does cause damages or injuries, remember you can seek help through Black McLaren Jones Ryland & Griffee PC .

7 Essential Facts About the Measles Outbreak

Wed, 26 Jun 2019 09:07:40 GMT

The United States is currently experiencing the worst measles outbreak in last 19 years. Whether you vaccinate your children, refuse to vaccinate, or follow a modified vaccination schedule, you may be wondering about this latest outbreak. Take a look at these essential facts.

1. The Measles Outbreak Affects Over 100 Countries

In 2018, over 100 countries around the world reported a significant increase in measles cases compared to previous years. When trying to understand the outbreak, you can't look just at the United States. You also have to take into account vaccination rates and legislation in other parts of the world.

2. Mandatory Vaccinations Aren't Linked to Higher Vaccination Rates

In response to the outbreak, several countries and a few states have made rules related to mandatory vaccinations. However, a study by the Action Plan on Science in Society Related Issues in Epidemics and Total Pandemics (ASSET) revealed that mandating vaccines does not have an effect on increasing vaccination rates.

In 2017, only 80% of the world was vaccinated against measles. The World Health Organization (WHO) believes that figure should be 95%.

3. Some Measles Cases May Be Vaccine Reactions

Unfortunately, there is limited information on this fact related to the latest measles outbreak, but research from the 2015 Disneyland measles outbreak, suggests that approximately 38% of the cases showed a vaccine sequence. In other words, over two-thirds of reported cases were a vaccine reaction, rather than cases of wild measles.

4. Most Measles Cases Don't Require Hospitalization

Although the media, lawmakers, and many citizens are concerned about the risks of the measles outbreak, information from the Centers for Disease Control (CDC) indicates that only a small fraction of cases (one in four) are serious enough to warrant hospitalization. Beyond that, the last reported death from measles in the United States was in 2015.

5. The Measles Vaccine Is Not 100% Effective

Again, according to information from the CDC , measles vaccines are not 100% effective. A single dose of the Measles, Mumps, and Rubella (MMR) vaccine is 93% effective against measles, 78% effective against mumps, and 97% effective against rubella. With a double dose, efficacy rates increase to 97% against measles and 88% against mumps.

6. Vaccinated Adults May Not Be Protected

The MMR vaccine has changed over the years. Prior to 1989, most children only received a single dose of the vaccine. As a result, if you were vaccinated before that year, you may not have full immunity against the measles viruses.

Additionally, healthcare providers only started giving out the MMR vaccine in 1971. During the 1960s, people often received a standalone measles vaccine, and before that decade, people got immunity to the disease by being exposed to other people who had measles.

If you aren't sure whether or not you have been vaccinated or have natural immunity through exposure, you may want to contact your doctor. They can check your system for antibodies that represent immunity. Then, based on your vaccination beliefs, you can decide if you want to get a new vaccination or a booster.

7. Parents Have Sued Over Mandatory Vaccination Rules

In New York City, the Department of Health made some rules in 2019 requiring people to get vaccinations. The city also tried to make rules banning unvaccinated people from some locations. In most cases, these rules only focused on children - the state doesn't have a way to include adults who aren't properly vaccinated (as explained above) in these bans and requirements.

In response, a group of parents have brought lawsuits against the city's department of health. At the time of writing, the lawsuit has not been resolved, but this scenario underscores how parents opposed to vaccines can use the legal system to their advantage.

If you are concerned about the measles outbreak, if you or your child has suffered from a vaccine related injury, or if you have other worries, you may want to contact a vaccination injury attorney. Black McLaren Jones Ryland & Griffee, P.C., may be able to help you.

5 Facts About the National Vaccine Injury Compensation Program

Sat, 27 Apr 2019 08:59:19 GMT

The National Vaccine Injury Compensation Program (VICP) is a government-run and funded program that is designed to pay compensation to people who have suffered from vaccine injuries or lost a loved one due to vaccine injuries. The program has been around for over 30 years, and it pays out claims every year. To learn more, check out these essential facts.

1. Ronald Reagan Created the National VICP

In 1986, Ronald Reagan signed the National Childhood Vaccine Injury Act (NCVIA) into law, and this law created the VICP. The VICP protects the pharmaceutical company from liability related to vaccines. If someone suffers from a vaccine injury, they can't bring a lawsuit against the manufacturer. Instead, they must make a claim to the government, and then, they may receive compensation through this program.

2. The VICP Has Paid $3.9 Billion in Compensation

Since its founding several decades ago, the VICP has paid out $3.9 billion in settlements. Over 17,000 petitions have been evaluated, and over 6,000 people have won compensation for vaccine injuries and death. However, the government is very reluctant to admit fault on behalf of the vaccine manufacturers.

According to the Department of Health and Human Services (HHS), 80% of the compensation that has been awarded has come through negotiations, and HHS has not admitted that the vaccines were responsible for injuries in these situations.

The highest number of settlements have been awarded in cases involving the influenza vaccine, but this may also be related to the fact that more doses of this particular vaccine are distributed every year. While many other vaccines are only recommended to be received once in a lifetime or once every ten years, the influenza vaccine is supposed to be received annually.

3. The VICP Applies Only to Certain Vaccines

Not all vaccines are covered by the VICP. However, in most cases, the vaccines you are likely to have received are covered. In particular, the VICP covers all recommended vaccines for children and adults. The list includes Hepatitis A and Hepatitis B, Meningococcal, Measles, HPV, Influenza, and several other types of vaccines.

4. The VICP Was Created in the Wake of Numerous DPT Settlements

In the 1970s and 1980s, many people suffered vaccine injuries related to the diphtheria, pertussis, and tetanus (DPT) vaccine. Many of these injured individuals were able to successfully bring lawsuits against the vaccine manufacturers. Although the government hasn't officially acknowledged error, these families won settlements in court, indicating that indeed there was a connection between this vaccine and the injuries that ensued.

In the wake of these lawsuits, many pharmaceutical companies shied away from making the DPT vaccination. At one point, only a single company was making the vaccine. The government was worried about accessibility and potential public health issues, so they decided to create the VICP to protect the pharmaceutical companies and to encourage them to keep making vaccines.

5. The VICP Has Compensated Families for Nearly 400 Deaths

By 2011, the VICP had paid out compensation to 390 families for the death of a loved one following a vaccine. At that time, the program capped the award for wrongful death at $250,000 . If you have lost a loved one due to a vaccine injury, no amount of money can bring them back, but compensation can help to cover costs such as final medical expenses, funeral fees, and time off work or help around the home while you grieve.

Don't deal with the VICP on your own. Instead, contact a lawyer who has experience with these types of cases and who can help you navigate the process. To learn more, contact our vaccine injury lawyers today.

Latest Vaccination Trends to Watch for in Coming Years

Thu, 28 Feb 2019 08:52:47 GMT

Every year, a whole new range of vaccination trends rock the medical world and create new potential legal issues. Anyone who plans on getting vaccinations for themselves or their children soon should understand these trends. Knowledge is power, and knowing about these changes can help an individual plan for issues that could occur.

Non-Medical Exemptions Increase Outbreak Risk

One negative trend that could cause many legal problems in upcoming years is an increase in non-medical exemptions. A growing number of states, cities, and schools are allowing more non-medical exemptions for vaccination, including conflicts with religious, moral, or personal beliefs. Currently, just 18 states allow these exemptions, but this rate may grow in the future.

Whatever the reasons parents have for avoiding vaccinations, statistics show that their children suffer. For example, a study from the University of Michigan shows the way that decreasing vaccination rates caused by non-medical exemptions led to the recent resurgence in whooping cough: not the vaccine itself, as those against vaccines tried to claim.

Needle-Free Vaccines Could Minimize Vaccination Fear

One development that could lead to more positive vaccination results is the increasing interest in needlefree vaccinations. Children - and even adults - often react poorly to needles and may panic during an injection. Experts believe that needle-free vaccination could streamline this approach and also help to minimize this kind of fear in many patients.

For example, administration systems such as patches, edibles, and sprays could create a less intimidating feel to the vaccination process. And while research on microscopic nanoparticles for vaccines is in its infancy, the possible benefits of this treatment method are huge. This method could deliver vaccines directly to the immune system and increase its efficacy.

Better Adjuvants Improve Treatment Efficacy

Many types of vaccines use what are known as adjuvants to boost vaccination efficacy. These compounds include a multitude of different elements and chemicals that help vaccines better target immune systems and increase their ability to deliver these medicines directly to the body. Many adjuvants reduce the number of doses necessary for each vaccination process.

Currently, research by a multitude of organizations hopes to identify better adjuvants for many types of vaccines. For example, the National Institutes of Health provided the Boston Children's Hospital with money to improve its flu adjuvant research program.

While the primary drive of this particular program is to develop better flu vaccines, research by other groups focuses on different types of diseases. The increasing importance of these adjuvants makes this trend one that is very important to track.

Modular Vaccination Could Transform Treatment Options

Vaccination delivery methods vary depending on a multitude of different concepts. For example, modular vaccination is one innovative method that could improve the efficacy of most vaccines. This delivery method provides a variety of antigens in a piece-meal fashion to create a more specific treatment concept that covers a broader array of possible diseases.

While modular vaccination isn't technically new, innovations in delivery methods could make it more popular. For example, the Multiple Antigen Presenting System, or MAPS, fuses a variety of different antigens using proteins and sugar. This combination of antigens creates a very potent - and individual - vaccine that may be used to treat a much broader array of diseases.

Follow These Important Trends

These vaccination trends could affect the medical world in a variety of unpredictable ways. And while some of these possible futures are negative, a growing number provide hope for those who need high-quality vaccines.

Please don't hesitate to contact us at Vaccine Injury Lawyers to learn more about vaccine laws and how these trends could affect your health.

HOW DO I PROVE A VACCINE INJURY TO RECEIVE COMPENSATION?

Mon, 05 Nov 2018 08:42:52 GMT

The National Vaccine Injury Compensation Program (VICP) is a federal program that avails compensation for people who sustain injuries from certain vaccines.

While the VICP is an invaluable resource for many people, obtaining compensation is neither guaranteed nor automatic. The petitioner must prove, within the given time limits, that a covered vaccine caused an injury.

In some instances, attributing your injuries to a certain vaccine might not be straightforward. An experienced personal injury attorney can help you improve your chances of success when dealing with the VICP.

Read on to learn more about how to prove you suffered a vaccine-related injury.

VACCINE INJURY TABLE

To consider your eligibility for compensation, the United States Court of Federal Claims uses the Vaccine Injury Table to ensure that your type of vaccine-related injury qualifies.

The Vaccine Injury Table is a reference that lists the majority but not all of the vaccinations administered in the US and the potential effects of these vaccines. The Secretary of Health and Human Services updates this table occasionally.

Importantly, the Table indicates the timeframe within which the symptoms of an injury can occur. This is crucial because if your symptoms show after the established timeframe, the claims court may question whether your injury is vaccine-related.

For example, vaccines containing tetanus toxoid can have several effects including Brachial Neuritis whose symptoms usually occur between 2-28 days.

If the federal claims court finds your injury on the Table and the symptoms are in line with the set timeframe, then yours is an on Table vaccine-related injury that may qualify you for compensation.

OFF TABLE VACCINE INJURY

Sometimes, a vaccine-related injury may not appear on the table. This means the injury is off Table, and you will need to prove that a vaccine caused your injury.

To qualify for compensation for an off Table injury, you must provide the following:

Medical evidence showing that the vaccination caused the injury
A step-by-step demonstration that shows how certain symptoms developed after you received the vaccine
Chronological evidence that the vaccination resulted in an injury

In some instances, the vaccine may not have caused a specific injury but rather made an existing injury or illness worse. In this case, the court will still require you to show a relationship between the vaccine and the aggravated injury or illness.

VACCINE INJURY MEDICAL RECORDS

All VICP petitioners must submit specific medical records for the court to review and determine eligibility for compensation. Comprehensive medical records are especially important if you have an off Table injury because you have a higher burden of proving that your injury is vaccine-related.

VICP requires you to present the following medical records:

Prenatal and birth records
Medical records before vaccination
Vaccination documents
Records of post-injury treatment after vaccination
Outpatient records for post-injury treatment
Vaccine Adverse Event Reporting System (VAERS) form if filed
School and psychological records
Death records if you petition on behalf of a deceased

For an off Table injury, the testimony of a medical expert can be invaluable in proving that a vaccine caused or worsened your injury. An experienced attorney can help you identify appropriate medical experts to support your case.

Much goes into deciding eligibility for compensation for vaccine-related injuries, and matters can become more complex if your injury does not appear in the VICP reference table. Do not hesitate to consult a reputable personal injury attorney to help with your petition.

If you or a loved one believes a vaccine injured you or worsened a preexisting injury or illness, the skilled attorneys at Vaccine Injury Lawyers can help you obtain the compensation you deserve. Call us today for a free consultation.

FLU VACCINATION INJURIES: WHAT EVERYONE SHOULD KNOW

Fri, 07 Sep 2018 08:35:28 GMT

Every year, millions of Americans prepare for influenza season with a flu vaccine in the form of an injection or nasal spray. For some people, the vaccination process is uneventful. The opposite scenario is true for many others. Flu vaccination injuries are real and surface in several different forms.

The peak of flu season is approaching. If you plan to receive a flu vaccine, learn some of the risks you might face and how to identify them.

ANAPHYLAXIS AND ANAPHYLACTIC SHOCK

Anaphylaxis is a reaction that occurs when some people are exposed to specific allergens. Anaphylactic shock is a severe allergic reaction. Itching, hives, and swelling around the tongue and lips are common ways anaphylaxis surfaces.

Anaphylactic shock, on the other hand, restricts blood and oxygen delivery to the body's vital organs. The delivery disturbance may even limit your ability to breathe. Immediate medical treatment is vital to stabilize the person, or loss of life could occur. Symptoms of either type of reaction often appear in the immediate moments after the vaccine is administered.

Vaccine-induced responses result when a person has an allergy to an ingredient found in the solution. For example, many flu vaccine solutions include some level of egg protein. Even a small amount of exposure to the protein can prompt a severe reaction for people with heightened egg allergies. People with egg allergies should not receive a flu vaccination for this reason.

Remember, you have the right to know about potential allergy triggers found in the vaccine before it's administered.

CHRONIC INFLAMMATORY DEMYELINATING POLYNEUROPATHY

Chronic inflammatory demyelinating polyneuropathy, or CIDP, is an autoimmune disorder that prevents the body's nerves from responding and functioning correctly. A human nerve is made up of a collection of fragile fibers. Myelin, a combination of fats and proteins, surrounds and protects the fibers.

CIDP sends your immune system into overdrive. Over time, your overreacting immune system generates a response that attacks the myelin. As a result, the nerve fibers become exposed and are at an elevated risk for damage.

Nerves deliver critical messages throughout your body, such as those that allow you to feel and move. Consequently, someone with CIDP may notice limb weakness, excessive fatigue, difficulty walking, and slurred speech.

The onset of CIDP is typically gradual, with symptoms worsening as time passes. Flu vaccinations can trigger the onset of CIDP. Recovery from this condition is varied, with some people experiencing long-term complications. The specific connection between the flu vaccine and CIDP is not fully known.

PARSONAGE-TURNER SYNDROME

Parsonage-Turner Syndrome, or PTS, is best described as a nerve disorder that targets the upper arm or shoulder, which is also the area where the flu vaccine is typically injected.

The onset of PTS involves unrelenting immediate and intense pain that progresses to weakness around the affected area. In some instances, the nerves and muscles that surround the affected area are also targeted. As a result, the pain and discomfort you experience become more significant.

PTS is thought to be the result of a foreign element that triggers the body into an autoimmune reaction. A flu vaccine can fall into this category.

PTS symptoms resemble many of the same symptoms as a shoulder bone injury, which can lead to a misdiagnosis. If you experience these symptoms after your flu vaccine, do not settle for an x-ray alone. An electromyograph (EMG) test is best for detecting neurological injuries.

Recovery from this condition is possible with an accurate diagnosis and immediate treatment. Physical therapy is often used as a treatment option.

Don't ignore your symptoms. If you suspect your injuries or medical condition is the result of the flu vaccine, seek counsel. A discovery that your injuries are vaccine-related may entitle you to compensation. Contact Vaccine Injury Lawyers for a detailed review of your situation and further assistance.

SYMPTOMS OF A VACCINE INJURY BY VACCINE TYPE

Tue, 17 Jul 2018 08:29:19 GMT

The CDC recommends vaccination as a way to protect you and your family against harmful and even life-threatening diseases. An incalculable number of lives have been saved since vaccination became a common preventative medical practice in the United States. General quality of life has also improved because some vaccines protect against uncomfortable or mobility-impairing conditions like chicken pox and polio.

The majority of vaccinations are administered without any problems. However, occasionally a person who receives a vaccine could experience dangerous side effects. Before you or your child receives a vaccine, you'll likely be warned to watch for the following possible symptoms of a vaccine injury.

ALL VACCINES

The CDC regularly monitors the safety of vaccinations. However, vaccines, like any medication, come with a few potential risks. The most common of these are allergic reactions and shoulder injection injury.

Allergic Reactions

If you have an allergic reaction to a vaccine, you are probably not reacting to the active ingredient in the injection. Rather, you might be allergic to an egg protein or a gelatin in the vaccine. Monitor yourself or your child closely after receiving a vaccine if you have a known sensitivity to these substances.

An allergic reaction to a vaccine comes on much like any other allergic reaction. In the first few minutes to the first hour after the injection, you might experience:

Throat swelling
Difficulty breathing
Hives
Vomiting
Severe diarrhea
Dropping blood pressure
Racing heartbeat

An allergic reaction this severe requires immediate medical attention. Call 911 if you are not already at a doctor's office when the reaction occurs.

Shoulder Injury

Vaccine-related shoulder injuries are rare, but they occur often enough that they are officilly recognized by the National Vaccine Injury Compensation Program of the U.S. Health Resources and Services Administration.

A vaccine shoulder injury occurs when the medical professional gives the injection too high in the arm. Vaccines should be put into the deltoid muscle, but occasionally the needle hits the shoulder joint's bursa, a bubble of fluid. Hitting a bursa with a vaccination needle can lead to loss of joint mobility and severe pain. Both symptoms can persist for weeks or months.

If you experience shoulder pain after a vaccination, talk to your doctor. They can offer treatment options, such as steroids, pain medication, physical therapy, or surgery.

ADENOVIRUS

If you belong to the military, you may receive an adenovirus vaccine. Within six months of receiving this vaccine, some patients have experienced bloody urine or fecal matter, inflamed stomach or intestine, or pneumonia. The CDC cannot definitively link or separate the occurrence of these conditions from the vaccine itself.

If you experience these symptoms after receiving an adenovirus vaccine, seek medical attention and be sure the doctor takes note of your vaccination history.

DIPHTHERIA, TETANUS, AND ACELLULAR PERTUSSIS (DTAP)

There are reports that some children experience unconsciousness, seizures, brain damage, or even coma after receiving the DTaP vaccine. Such cases are incredibly rare. If these symptoms occur in a child after a DTaP vaccine, call 911.

MMR AND MMRV

MMR (measles, mumps, and rubella) or MMRV (measles, mumps, rubella, and varicella) are other vaccines commonly given to infants and toddlers. The most severe reported reactions include brain damage, loss of hearing, reoccurring seizures, or coma.

Because of these risks, some people should not receive this vaccine, such as those with tuberculosis, those with a history of seizures or weakened immune systems, or those who are pregnant.

This blog covers the major symptoms of the most common negative vaccine reactions and injuries. But remember, these symptoms occur in a very small percentage of people who receive vaccinations.

If you or your child experienced one of these severe reactions, talk to Vaccination Injury Lawyers about how to seek compensation.

GARDASIL AND VACCINE-RELATED INJURIES: WHAT YOU NEED TO KNOW

Tue, 08 May 2018 08:20:01 GMT

Despite widespread belief, scientific research indicates that there are no cases of autism associated with vaccines. However, this does not mean that vaccines are entirely risk-free. Patients can still suffer from other vaccine-related injuries.

Gardasil is a relatively new vaccine that provides protection against human papillomavirus (HPV), which causes genital warts and can contribute to the risk of cancer late in life. However, there are multiple vaccine-related injuries associated with the Gardasil vaccination. If you or a loved one are considering this vaccination, read on to learn important information about the Gardasil vaccine.

THE GARDASIL VACCINE CAN CAUSE AN INJECTION-SITE INJURY

Gardasil is not immune to injection-site injuries. Though injection-site injuries are possible with any vaccination, they are still a risk that you should know about. Injection-site injuries occur when the medical practitioner misplaces the needle.

Patients commonly suffer from injection-site injuries in the shoulder, as this is a prevalent place for many people to receive shots. The medical practitioner should position the needle so that it hits a shoulder muscle. But if the practitioner does not have ample experience or is careless, they could possibly hit the shoulder's bursa with the needle instead.

The bursa is a fluid-filled sac that helps cushion the body's joints. When a needle is inserted into the bursa, this causes intense paint that can inhibit the shoulder's range of motion. It can also contribute to future shoulder ailments, such as tendinitis.

You can minimize the risk of suffering an injection-site injury by visiting a medical professional who has ample experience administering vaccinations. If have a low body fat percentage, make sure that your practitioner knows what changes should be made during the administration of the vaccine. For example, the practitioner may opt to use a smaller needle.

SOME PATIENTS ARE ALLERGIC TO INGREDIENTS IN THE GARDASIL VACCINE

In rare cases, patients can experience an allergic reaction to some of the ingredients in the Gardasil vaccine. Symptoms associated with a mild allergic reaction include redness and itching around the injection site. Some severe reactions have caused patients to suffer from anaphylaxis.

Anaphylaxis is a severe allergic reaction that can cause the body to go into shock or cause death. It is an extremely rare vaccine-related injury.

If you are concerned that the Gardasil vaccine may cause an allergic reaction, you can have your physician conduct an allergy test to see if the vaccine is an actual allergen for your body. Patients who have severe allergies or who have experienced severe vaccine reactions in the past should consult with their physicians regarding the Gardasil vaccine.

CERTAIN AILMENTS ARE ASSOCIATED WITH THE GARDASIL VACCINE

Though studies have not established causation between certain ailments and the Gardasil vaccine, some conditions have been observed in patients who have received the Gardasil vaccine. A small percentage of patients died after receiving the vaccination. However, nearly all of these patients had underlying medical conditions.

Other patients displayed symptoms that indicated they were suffering from Guillain-Barre Syndrome (GBS). GBS is a neurological condition that causes muscle weakness and temporary or permanent paralysis. Professionals disagree as to whether or not the development of GBS in patients who have received the Gardasil vaccine has occurred at a statistically significant rate.

Some patients also developed blood clots after receiving the Gardasil vaccine, but the vaccine has not been proven to cause the clots. Many of these patients were at a higher risk for blood clots due to previous health conditions or the medications they were taking, most notably birth control.

Have you or someone you loved suffered a vaccine-related injury from Gardasil or another vaccine? Contact the Vaccine Injury Lawyers at Black McLaren Jones Ryland & Griffee, PC for a free consultation.

UNDERSTANDING THE PROCESS OF A VACCINE INJURY CLAIM

Fri, 09 Mar 2018 08:15:37 GMT

The widespread use of vaccines has virtually eradicated many dangerous diseases in the United States, such as measles, mumps, rubella, diphtheria, and polio. While vaccines have played a very important role in public health, there is a very small risk of injury when a person is vaccinated. In some cases, reactions to how a vaccine is administered or the ingredients in a vaccine can cause serious and lifelong side effects.

In the event that a person suffers from a vaccine injury, they are typically entitled to financial compensation. Continue reading to learn more about what filing a vaccine injury claim entails and what you can expect.

Determine if the Vaccine Is Eligible for Compensation

Compensation for vaccination injuries comes from the National Vaccine Injury Compensation Program (VICP). This program was put in effect in 1988 and provided compensation for injuries related to vaccines for tetanus, diphtheria, mumps, measles, pertussis (DT, DTaP, TT, DTP, or Td), polio (OPV or IPV), and rubella (MMR).

As of 1997, injuries related to vaccines for varicella, hepatitis B, and Haemophilus influenza type B are also covered by VICP. If a person suffers from injuries related to any of the vaccines mentioned above, then they are eligible to file a petition with the VICP.

Hire an Attorney

Filing a claim with the VICP can be a complicated process, so it is in your best interest to hire an attorney who specializes in vaccination injuries . An experienced attorney will be able to guide you through the process of filing a claim and can answer any questions that you may have about the process.

Many vaccination attorneys do not charge any upfront fees to their clients. In most cases, a vaccination attorney will cover all fees while the petition is being filed. A client usually does not have to worry about paying any money to their attorneys because the National Vaccine Injury Compensation Program pays attorney fees.

Filing a Claim

Filing a claim for a vaccine injury differs from filing a normal lawsuit in court. First, your attorney will file a petition with the U.S. Court of Federal Claims. The information contained in the petition will then be reviewed by a physician from the Department of Health and Human Services to determine if the details of the case fit the criteria for compensation under the guidelines of the VICP.

If a claim meets the medical criteria for compensation, then an attorney at the Department of Justice will review the case. This attorney will make a report and then send it back to the court. A special master, who acts like a judge and is appointed by the court, will then be in charge of making a decision about the case.

Awarding Compensation

The special master will typically call for a hearing where the evidence can be presented. Based on the information in the report and what is learned during the hearing, the special master will then determine if a person will be compensated for a vaccine injury and what the compensation amount will be.

The amount of compensation awarded depends on individual circumstances and the extent of the injury. The amount of compensation that a living person may receive is unlimited. If an estate files a claim for a vaccine-related death, then the compensation is limited to $250,000.

In the event that the special master approves compensation and sets a compensation amount, the court will contact the Department of Health and Human Services with the ruling and compensation will be paid out by the VICP.

If you or a loved one has suffered a vaccine injury, then please contact Vaccine Injury Lawyers for a consultation.

DIFFERENT TYPES OF VACCINE INJURIES

Thu, 11 Jan 2018 08:05:38 GMT

The modern age of vaccines began in 1796 with arm-to-arm inoculation to protect against smallpox, and vaccination development and use exploded in the early 20th century. A number of dangerous diseases, such as pertussis, diphtheria, smallpox, measles, and polio, are now virtually eradicated due to the use of vaccines. However, despite the upside of vaccinations, vaccine injury is a possible risk.

Vaccine injuries are not widespread, but they can cause serious health conditions in children and adults. If you are the victim of a vaccine injury, you are entitled to compensation through the National Vaccine Injury Compensation Program. Get to know some of the most common vaccine injuries.

Shoulder Injury Related to Vaccine Injury (SIRVA)

After getting a shot in the arm, soreness and some stiffness are not uncommon. However, SIRVA encompasses a lot more than just a sore upper arm. SIRVA occurs when a vaccination is improperly administered into the deltoid bursa. This condition causes severe and persistent shoulder pain along with the shoulder joint having limited function.

SIRVA may be caused by an immune response to components found in a vaccine. In adults, SIRVA has developed after being administered a vaccine in which the person already has some immunity built up due to previous vaccination, such as the influenza vaccine or tetanus vaccine.

In one study , 50 percent of the subjects noticed severe shoulder pain immediately after the vaccine was administered, and 90 percent of the subjects developed severe shoulder pain and limited range of motion within 24 hours. The duration of SIRVA for the subjects in the study ranged from 6 months to several years, and 30 percent of the subjects had to undergo shoulder surgery due to SIRVA.

Guillain-Barre Syndrome

Guillan-Barre Syndrome is a rare disorder, but it can be dangerous and even life-threatening. This disorder causes your body's own immune system to attack your nerves. In severe cases, this disease can lead to prolonged paralysis. Cases of Guillain-Barre syndrome have been associated with the influenza vaccine, tetanus shot, Gardasil vaccine, Hepatitis B vaccine, and other common vaccines.

The first symptoms of Guillan-Barre syndrome are typically weakness and tingling in the extremities. The tingling and weakness can then spread throughout the body as nerves are attacked, causing paralysis. A person with Guillan-Barre syndrome should seek medical attention at the first signs of the condition for the best possible outcome.

Additional symptoms of Guillan-Barre syndrome include an unsteady gait, difficulty speaking, chewing, or swallowing, severe aches and cramps, rapid heartbeat, and difficulty breathing. While there is no cure for Gullian-Barre syndrome, high-dose immunoglobulin therapy and plasma exchange are used to promote recovery.

Idiopathic Thrombocytopenic Purpura

Idiopathic thrombocytopenic purpura is a condition where the blood can't clot properly. A child or an adult can develop idiopathic thrombocytopenic purpura after being given the measles, mumps, and rubella (MMR) vaccine. This condition stops the bone marrow from making enough platelets, so the blood is very slow to clot. As a result, internal bleeding, bleeding under the skin, or excessive bleeding can occur.

Some of the common signs of the onset of idiopathic thrombocytopenic purpura include bruises, spontaneous nosebleeds, bleeding gums, blood in urine or stool, excessive bleeding from lacerations, extremely heavy menstruation, and profuse bleeding during surgery.

Blood clotting disorders can be dangerous, so any person who has the symptoms of idiopathic thrombocytopenic purpura needs to seek medical attention. A number of different medications can be used to control idiopathic thrombocytopenic purpura and increase the number of platelets in the blood. In some cases, the spleen may need to be surgically removed to treat the condition.

If you have developed any problems after being vaccinated, please contact Vaccine Injury Lawyers.

A LOOK AT THE VACCINATION DILEMMA

Mon, 31 Jul 2017 08:01:40 GMT

Although vaccines carry the same risks as other medicines, choosing not to vaccinate your child against preventable diseases can have life-threatening consequences. There is nothing wrong with worrying whether particular vaccines are safe for your child. However, it's important to weigh both the dangers and benefits of vaccines in order to make an informed decision.

THE ISSUE OF SAFETY

According to the U.S. Food and Drug Administration (FDA), vaccines generally are an effective way to prevent complications or death that can result from certain infectious diseases. However, no medicine or vaccine is 100 percent safe and free of potential side effects.

While most vaccines given during childhood are effective in up to 95 percent of children who receive them, some children have an adverse immune response to a vaccine. In the event your child suffers an adverse reaction following a recent immunization, let your child's doctor know immediately.

Under the National Childhood Vaccine Injury Act, the doctor should report what may be an adverse side effect to the FDA. The information is entered into the Vaccine Adverse Event Reporting System — a national program that monitors the safety of vaccines. The reporting system collects information in a database of reports on possible side effects.

About 85 percent of the reports involve mild side effects, such as local injection site reactions, irritability and low-grade fever. The other 15 percent of the reports describe more serious medical complications like hospitalizations, permanent disabilities and even death. However, factors other than a recent vaccine may have contributed to these complications.

THE ISSUE OF DISEASE PREVENTION

Delaying vaccines or refusing vaccines to avoid the possibility of a serious reaction leaves your child unprotected against certain illnesses. With more vaccine-preventable diseases making a comeback, you may be putting your child's health at risk.

While most children suffer little side effects from common childhood vaccines, some develop a reaction Symptoms of which may include a mild rash, fever, redness, swelling or soreness at the injection site. Certain types of vaccines also cause vomiting, rare but more serious side effects include high fever, persistent crying, a serious allergic reaction or seizures.

INFANTS AND YOUNG CHILDREN

Vaccines can help protect your infant or young child against diseases such as:

Hepatitis B
Measles
Mumps
Chickenpox
Rubella
Polio
Whooping cough (Pertussis)
Diphtheria
Tetanus

Most of these infectious diseases — many of which were once potentially deadly or caused lasting disabilities — are no longer common in the U.S. because of vaccines. Even those that continue to occur affect fewer numbers of children who are vaccinated.

OLDER CHILDREN

As your child gets older, vaccines that protect preadolescents and teens from serious illnesses include:

TDaP (diphtheria, tetanus, and pertussis)
Hepatitis A
Hepatitis B
Meningococcal
Human papillomavirus (HPV)

In addition to the vaccines listed, an annual flu vaccine protects babies 6 months and older, young children, preadolescents and teens from getting the influenza virus. Most children who get the flu vaccine have no side effects or experience only mild side effects, such as feeling achy for a few days.

Risks Either Way

While vaccines carry a degree of risk for some children, not immunizing your child comes with risks as well. Your child may:

Contract one of the diseases against which vaccines protect
Transmit an infectious disease to a young infant or an individual with a weakened immune system
Infect a person who is receiving cancer treatment and can't be immunized

In making the decision to vaccinate or not vaccinate your child, keep in mind that although many vaccine-preventable diseases are no longer widely prevalent in the US, they can reemerge at any time without warning.

If your child suffers symptoms that you think may be related to a vaccination, the attorneys at Vaccine Injury Lawyers can help you prepare a case to prove that a vaccine is the cause.