VAERS IS NOT THE VICP

Richard Moeller - Vaccine Injury AttorneyIf you or your child have ever received a vaccine, such as a childhood immunization (DTaP, MMR, etc.), or the HPV vaccine (including Gardasil), or the seasonal flu shot, you may have been given an information sheet.  They include facts about the diseases being prevented by the vaccine, and possible side effects.

They also contain two other pieces of information: how to report a reaction to the Vaccine Adverse Event Reporting System (VAERS), and information about the National Vaccine Injury Compensation Program (VICP) for persons who may have been injured by the vaccine.  The two are not the same.

VAERS is a national surveillance program sponsored by agencies of the federal government to collect and analyze information about adverse events and possible side effects that occur after a shot or immunization.  VAERS collects reports of reactions from the person or parent of the person receiving the vaccination, or the provider administering it, such as a physician, doctor, nurse, hospital, clinic, or pharmacy.

The VICP is much different.  The VICP is a federal program for persons who experience a Vaccine Injury, which occurs when a child or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the program.  When a person has had one of these vaccines, and then suffers an illness or condition, they may have a Vaccine Injury and can file a claim for compensation from the VICP.

It is critical to know that if you or your doctor makes a report to VAERS, it is NOT a claim to the National Vaccine Injury Compensation Program. Also, a report to VAERS will not extend the time to file a claim for compensation.

How can Vaccine Injury Pros help you? 

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

What you should expect from a vaccine injury lawyer

Richard Moeller - Vaccine Injury AttorneyIf you have found information about SIRVA, vaccine injury, and the National Vaccine Injury Compensation Program “NVICP,” you know that there are many lawyers willing to help.  And maybe you have contacted some of them.  If so, hopefully they have told you what we will tell you…

  • Yes, we offer “free consultation” meaning we will visit with you about your situation at no cost to you.
  • Yes, when you send us a message about your situation, we will read it and respond to you within a day or two, and usually within a few hours. And we will try to set up a time to visit with you as soon as possible.
  • Yes, when we get together, in person or by phone, you will be visiting directly with a lawyer who has experience in vaccine injury cases
  • Yes, we will explain how the NVICP works, and what we can do to help you.
  • Yes, we will explain that, if we file a claim for you, we will pay the necessary costs and not charge you any fees for our services. And if you are entitled to compensation, those costs and fees will NOT be paid from the amount paid to you.
  • No, we will not, and cannot charge you a contingent fee for handling your case.

 

There are several lawyers who handle vaccine injury cases, and will do a great job.  We are confident our team at Vaccine Injury Pros are among them.  You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

Why you need to know about Vaccine Injury Compensation Program

If you or your child have ever received a vaccine, such as the normal childhood immunizations (DTaP, MMR, etc.), or the HPV vaccine (including Gardasil), or the seasonal flu vaccine, you may have been given an information sheet.  Those sheets include facts about the diseases being prevented by the vaccine, and possible side effects.

They also contain contact information about the National Vaccine Injury Compensation Program (VICP) for persons who believe they may have been injured by the vaccine.  It includes a link to the VICP website, which describes the program and how to file a claim.  There, you can learn that a claim is a very complicated process, and that most persons are therefore represented by lawyers.

The Program implemented plans in 2014 and 2015 to better promote public awareness of the VICP.  Still, most people have no idea that there is compensation available to them when they have an adverse reaction following a shot or immunization.  To make matters worse, just as often the physician, doctor, nurse, hospital, clinic, or pharmacy where they received the injection or where they are receiving treatment will not know about the VICP.

 

The importance of knowing about the VICP and contacting a lawyer is critical because there is a limited amount of time to file a claim, called a statute of limitation.  This means that as soon as a person shows the first sign or symptom of the reaction, they have three years to file a claim, or two years if the person dies from the reaction.  And it doesn’t matter if the person isn’t aware of the program or even if they are not told by their doctor that the condition they have may be from a vaccine.

Richard Moeller - Vaccine Injury Attorney

 

How can Vaccine Injury Pros help you? 

Because of the limited amount of time allowed for filing a claim, when we receive an email or call, we return that contact quickly to visit with you about the possibility that you may have a claim for compensation.  There is no fee involved then or at any time to talk about the claim, or for us to investigate the claim, or for us to pursue the claim.  Also, the firm pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge. And if the claim is paid, any legal fees and costs are paid separately from the amount the person receives, so that the recovery is not reduced by legal expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

You can contact us  for a FREE consultation about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

 

Are SIRVA Injuries on the rise?

Last month I wrote about changes to the Vaccine Richard Moeller - Vaccine Injury AttorneyInjury Table, which included adding SIRVA injuries.  The decision to add this type of injury came about after a study of shoulder injuries was conducted by Dr. Sarah Atanasoff for the United States Department of Health and Human Services.  According to Dr. Atanasoff, a review of claims filed with the National Vaccine Injury Compensation Program (VICP) showed a pattern emerging with common features of shoulder pain following vaccination, with most being the seasonal flu shot. The study referred to this type of injury as “SIRVA” which stands for shoulder injury related to vaccine administration.  Often the patients felt that the injection had been too high in the arm or shoulder area, and experienced shoulder pain beyond the site of the shot.

The change in the Table recognizes that now, much more than in years past, many of the claims filed and entitled to compensation from the VICP are due to SIRVA.  And in our own experience, most of the cases we have filed in the last few years involve shoulder injuries following a flu shot or other vaccination, compared to the neurological conditions resulting from vaccines.  This trend makes sense if, as Dr. Atanasoff found, literature supports the possibility that these shoulder injuries can be traced to the inappropriate technique of injection, and if you consider the larger number of flu shots administered every year by non-typical vaccine administrators, such as pharmacists.  So, it may be that SIRVA injuries in the VICP are on the rise just because there are more vaccinations given every year and a growing awareness of that in rare instances they can lead to complications.  We list many of these conditions associated with SIRVA.

When our firm is contacted by a person who believes they may have suffered any injury from one of the vaccines covered by the VICP, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim.  You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the VICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting our Vaccine Injury Pros website and other articles in our Blog.

CHANGES MADE TO THE VACCINE INJURY TABLE

Back in December, I wrote here about amendments that were expected to be made to the Vaccine Injury Table (Table) for claims made to the National Vaccine Injury Compensation Program (NVICP). Those changes officially went into effect on March 21, 2017, and will apply to claims made to the NVICP after that date. The Table lists all vaccines covered by the NVICP and sets forth the injuries associated with them which are entitled to compensation.  As I discussed in that earlier blog, the purpose of the changes is to expand the types of injuries, resulting from vaccines already included on the Table, making it easier for persons with those injuries to receive Richard Moeller - Vaccine Injury Attorneycompensation.

The amendments will expand the types of injuries resulting from administration of certain vaccines already on the Table.  Those injuries consist primarily of shoulder injury related to vaccine administration (SIRVA), vasovagal syncope (loss of consciousness or fainting), and certain neurological conditions following the seasonal flu vaccine, illnesses such as Guillain-Barré Syndrome (GBS), acute inflammatory demyelinating polyneuropathy (AIDP), acute motor axonal neuropathy (AMAN or AMSAN), and Miller Fisher Syndrome (FS).

How can Vaccine Injury Pros help you?

Visit our Contact page to ask us about a possible vaccine injury and how we can help. Or learn more about the NVICP and our representation of persons with possible vaccine injury claims by visiting our website at Vaccine Injury Pros and other articles in our Blog. Our lawyers are also found at the Court’s list of Vaccine Attorneys, and on the Member Directory of the Vaccine Injured Petitioners Bar Association.

Things to Know when Hiring a Vaccine Attorney

If you are searching the internet for a lawyer to help with a reaction or side effect to a vaccination, your results may be flooded with attorneys and law firms promoting their ability to help you with your personal injury case. And eventually you will find that none of those lawyers fit what you are looking for.

This is because your situation involves a “Vaccine Injury,” an area of law much different than ordinary personal injury. And the differences between the two are like night and day.

The National Vaccine Injury Compensation Program (NVICP) is a federal program which compensates persons who experience a Vaccine Injury, which occurs when a child or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the NVICP. Claims for compensation to the NVICP are made to the U.S. Court of Federal Claims located in Washington, D.C., by filing a petition. Most “petitioners” are represented by lawyers who must be admitted to practice in the U.S. Court of Federal Claims.

If you asked a lawyer specializing in personal injury, he or she may not even be aware of the existence of the NVICP (even most doctors and hospitals are unaware). The lawyer may tell you that in order to recover for your injury,  you have to sue the pharmaceutical company who manufactured the vaccine, or the doctor, clinic, or pharmacy which administered it.  And they would probably be wrong. If the lawyer tells you they will represent you for a contingent fee, they would not realize that if recovery for a vaccine injury claim is allowed, the NVICP pays the lawyer, separate and apart from the person’s recovery.

If you think you may have suffered an injury from a vaccination, the most important thing to know is this: whether or not you choose us, you should contact a lawyer with experience in the NVICP.

You can contact us about a possible vaccine injury by visiting our Contact page. And you can learn more about the NVICP and our representation of persons with possible vaccine injury claims by visiting our website at Vaccine Injury Pros and other articles in our Blog. Our lawyers are also found at the Court’s list of Vaccine Attorneys, and on the Member Directory of the Vaccine Injured Petitioners Bar Association.

VACCINE INJURY TABLE PROPOSED CHANGES

For persons having adverse reactions to a vaccine, there may be good news coming in the near future. On January 14, 2016, the Secretary of the U.S. Department of Health and Human Services held a public hearing to receive information and views on its previously announced proposal to amend the Vaccine Injury Table (Table) for claims made to the National Vaccine Injury Compensation Program (NVICP). The Table lists all vaccines covered by the NVICP and sets forth the injuries associated with them which are entitled to compensation.  If the amendments become final, they would apply to petitions to the NVICP filed thereafter, which may be sometime this year. The purpose of the changes is to expand the types of injuries, resulting from vaccines already included on the Table, making it easier for persons with those injuries to receive compensation.

The NVICP is a federal program which compensates persons who experience a Vaccine Injury, which occurs when a child or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the NVICP. Even if the injury is not included on the Table, as long as the vaccine is listed, the person can file an “Off-Table” claim.  Claims for compensation to the NVICP are made to the U.S. Court of Federal Claims located in Washington, D.C., by filing a petition. Most “petitioners” are represented by lawyers.
Richard Moeller - Vaccine Injury Attorney

The purpose of the Table is to enable petitioners to more easily meet the criteria for eligibility for compensation. The proposed amendments will add certain injuries resulting from administration of certain vaccines already on the Table.  Those injuries consist primarily of shoulder injury related to vaccine administration (SIRVA), vasovagal syncope (loss of consciousness or fainting), and certain neurological conditions following the seasonal flu vaccine, illnesses such as Guillain-Barré Syndrome (GBS), acute inflammatory demyelinating polyneuropathy (AIDP), acute motor axonal neuropathy (AMAN or AMSAN), and Miller Fisher Syndrome (FS).

Even though the amendments are not yet in effect, the NVICP often compensates persons with these injuries, and often using a procedure designed to speed up a decision on the claim without extensive litigation.

How can Vaccine Injury Pros help you? 

When our firm is contacted by a person who believes he, she, or a family member may have suffered a SIRVA or other Vaccine Injury, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim.  Also, the firm pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge. And if the claim is paid, any legal fees and costs are paid separately from the amount the person receives, so that the recovery is not reduced by legal expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a SIRVA or Vaccine Injury claim.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

What is the Vaccine Injury Table?

Richard Moeller - Vaccine Injury AttorneyIf you are searching for the term “Vaccine Injury Table,” you may be looking for information about the National Vaccine Injury Compensation Program (NVICP). The NVICP is a federal program which compensates persons who experience a Vaccine Injury, which occurs when a child or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the NVICP.

Claims for compensation to the NVICP are made to the U.S. Court of Federal Claims located in Washington, D.C., by filing a petition.  Most “petitioners” are represented by lawyers. An attorney representing a petitioner must be admitted to practice in the U.S. Court of Federal Claims

The “Vaccine Injury Table” refers to a chart listing the most common vaccines or immunizations administered, such as DTaP vaccine, MMR vaccine, varicella (chicken pox) vaccine, and polio vaccine for children, the human papillomavirus (HPV) vaccine (Gardasil) for adolescents and young adults, tetanus/diphtheria/pertussis booster vaccines for adults, and the seasonal flu vaccine for persons of all ages.  If a person experiences a side effect or adverse reaction from a vaccine on the Table, and the condition lasts for six months or more, he or she may be entitle to compensation under the NVICP.  You can view the Table at the NVICP’s website.

The Table has three columns: (1) the type of vaccine, (2) the adverse reactions associated with the vaccine, and (3) the time period from the administration of the vaccine to the onset of symptoms.  A person is generally entitled to recover compensation if he or she can show their condition fits the three columns on the Table.  So for example, if a person is diagnosed with brachial neuritis after a tetanus shot, and the first sign of the condition occurs after two days but before 28 days, he is probably entitled to recover.  That type of claim will be classified as a “Table Injury.”

Some of the vaccines listed in the Table have “No Condition Specified” in the second column and “Not applicable” in the third column.  This does not mean that the vaccine is not covered.  As long as the vaccine is listed in the first column it is covered.  Instead this means that the person who suffers an adverse reaction must prove that the vaccine actually caused the injury.  This is known as a “Non-Table” or “Off-Table” Injury.  Unlike a “Table Injury,” the person must prove more than timing, and more than the fact that the illness or condition followed administration of the vaccine.  In fact, proving causation requires medical evidence, including health records and very often the use of medical experts.

The purpose of the Table is to enable persons to more easily meet the criteria for eligibility for compensation. However, it is not always that easy. Also, even if eligibility is established, the person must then prove the amount of the compensation. Fortunately the NVICP encourages persons to be represented by lawyers in either a Table or Non-Table Vaccine Injury case, because in most cases the NVICP will pay the lawyer’s fees, whether or not the petitioner is entitled to recover. And if he or she is entitled to recover, those fees are paid separately from the amount they receive and the recovery is not reduced by legal expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

When our firm is contacted by a person who believes he, she, or a family member may have suffered a Vaccine Injury, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim.  Also, the firm pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge.

You can contact us about a possible Vaccine Injury by contacting Richard Moeller at 712-252-0020 or email Richard at RMoeller@MooreHeffernanlaw.com.  And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

What is a SIRVA Injury?

Earlier this month I discussed what a “Vaccine Injury” is in the National Vaccine Injury Compensation Program (NVICP). More and more, the NVICP is compensating persons who have a particular kind of Vaccine Injury called a “SIRVA” which stands for shoulder injury related to vaccine administration. Just as it sounds, it is an injury that follows the injection of the needle in the shoulder during a vaccination, causing sudden and ongoing pain, limited range of motion, and sometimes damage to the shoulder structures, requiring surgery.  Most often the person will have little or no history of shoulder problems, with the onset of pain, dysfunction, or discomfort very soon after the vaccination. It is believed that most SIRVA injuries are caused by the improper insertion or placement of the needle into shoulder area.  Some may result from an immune reaction with the vaccine, causing a neurological injury.

Richard Moeller - Vaccine Injury AttorneyAs with any Vaccine Injury, the NVICP will only compensate persons who receive one of the vaccines covered by the program. The vaccines go by several different names: diphtheria, pertussis, tetanus, DTaP, Tdap, DTP, P, DTP-Hib, DT, Td, TT, measles, mumps, rubella, MMR vaccine, hepatitis A vaccine, hepatitis B vaccine, Hib, varicella vaccine, chicken pox vaccine, rotavirus vaccine, pneumococcal conjugate, meningococcal, PCV vaccine, Prevnar, polio, OPV, IPV, flu vaccine, trivalent influenza vaccine, seasonal flu vaccine, human papillomavirus vaccine, HPV vaccine, Cervarix, and Gardasil.

Injuries or conditions association with SIRVA include: arm pain, shoulder pain, shoulder dysfunction, limited range of motion or lack of flexibility, inflammation, shoulder bursitis, granuloma, tendinopathy, adhesive capsulitis, frozen shoulder, post-injection inflammatory reaction, subacromial bursitis, bicipital tendonitis, radiculopathy, humerus contusions, supraspinatus injury, subacromial bursa effusion, impingement syndrome, complex regional pain syndrome, rotator cuff injury, Parsonage-Turner syndrome, and brachial neuritis.  Some doctors are even recommending that SIRVA be incorporated into the possible causes of prolonged shoulder pain.

If a person has a SIRVA, they may be entitled to compensation from the NVICP. Claims for compensation to the NVICP are made to the U.S. Court of Federal Claims located in Washington, D.C., by filing a petition.  Most “petitioners” are represented by lawyers. A lawyer representing a petitioner must be admitted to practice in the U.S. Court of Federal Claims.

When our firm is contacted by a person who believes he, she, or a family member may have suffered a SIRVA or other Vaccine Injury, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim.  Also, the firm pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge. And if the claim is paid, any legal fees and costs are paid separately from the amount the person receives, so that the recovery is not reduced by legal expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a SIRVA or Vaccine Injury claim.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

What is a Vaccine Injury?

Richard Moeller - Vaccine Injury AttorneyIf you have heard of the term “Vaccine Injury” then you may be looking for information about the National Vaccine Injury Compensation Program (NVICP). The NVICP is a federal program which compensates persons who experience a Vaccine Injury, which occurs when a child or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the NVICP.

The vaccines in the NVICP go by several different names: diphtheria, pertussis, tetanus, DTaP, Tdap, DTP, P, DTP-Hib, DT, Td, TT, measles, mumps, rubella, MMR vaccine, hepatitis A vaccine, hepatitis B vaccine, Hib, varicella vaccine, chicken pox vaccine, rotavirus vaccine, pneumococcal conjugate, meningococcal, PCV vaccine, Prevnar, polio, OPV, IPV, flu vaccine, trivalent influenza vaccine, seasonal flu vaccine, human papillomavirus vaccine, HPV vaccine, Cervarix, and Gardasil. Injuries from these vaccines often include Guillain-Barré Syndrome (GBS), acute inflammatory demyelinating polyneuropathy (AIDP), motor axonal neuropathy (AMAN), Miller-Fisher syndrome, chronic inflammatory demyelinating polyneuropathy (CIDP), transverse myelitis, demyelinating disease, autoimmune disorders and diseases, immunodeficiencies, seizure disorder, epilepsy, neurologic disease, chronic fatigue syndrome, reactive arthritis, rheumatoid arthritis, acute disseminated encephalomyelitis (ADEM), thrombocytopenic purpura (ITP), encephalomyelitis, encephalopathy, anaphylaxis and anaphylactic shock, brachial neuritis, shoulder injury resulting from vaccine administration (SIRVA), granuloma, tendinopathy, adhesive capsulitis, frozen shoulder, post-injection inflammatory reaction, subacromial bursitis, bicipital tendonitis, impingement syndrome, Parsonage-Turner syndrome, and other adverse reactions.  There are other criteria which must be met for a person to be eligible under the NVICP.

Thus if a person has had one of these vaccines, and suffered one of these illnesses or conditions, they may have a Vaccine Injury and entitled to compensation from the NVICP.  Claims for compensation to the NVICP are made to the U.S. Court of Federal Claims located in Washington, D.C., by filing a petition.  Most “petitioners” are represented by lawyers. A lawyer representing a petitioner must be admitted to practice in the U.S. Court of Federal Claims.

When the firm is contacted by a person who believes he, she, or a family member may have suffered a Vaccine Injury, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim if it has a reasonable basis.  Also, the firm normally pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge. And if the claim is paid, any fees and costs are paid separately from the amount the person receives, so that the recovery is not reduced by legal expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.