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.

VACCINE INJURY COMPENSATION FOR JUVENILE DERMATOMYOSITIS (JDM)

According to the Arthritis Foundation, Juvenile Dermatomyositis, or “JDM” is rare disease found mostly in children, which afflicts an estimated 3,000 to 5,000 children in the United States.  The first signs of JDM are skin rashes, often around the eyes or cheeks, on the knuckles, knees, or elbows, or on the chest and back.  Later symptoms are muscle inflammation causing weakness, fatigue, and pain. The Arthritis Foundation and Boston Children’s Hospital provide helpful information about JDM.

The exact cause of JDM is unknownNikki Nobbe - Vaccine Injury Attornety but it is believed to be an autoimmune disorder, meaning something has caused the child’s immune system to attack the body’s blood vessels, which in turn causes the inflammation of muscles.  It is this autoimmunity factor which recently resulted in the vaccine court recognizing that JDM was caused by a child’s vaccinations.

Late last year, in October, a special master of the Court of Federal Claims ruled in favor of the family of a four-year-old child who developed JDM following his DTaP, MMR (measles, mumps, rubella), polio, and varicella (chicken pox) vaccinations.  The special master found that one or more of these vaccines, in combination with the child’s genetic predisposition, resulted in an abnormal immunity response leading to JDM.  Interestingly, the discussion in the decision suggests the conclusion might be the same for an adult suffering from a Dermatomyositis disorder.

For more information about Vaccine Injuries, and what Vaccine Injury Pros can do for you, visit our Contact page or call toll free at 1-844-589-2889.

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.

 

Compensation for SIRVA Injuries in the VICP

Nikki Blazey - Vaccine Injury AttornetyLast month we asked the question- Are SIRVA Injuries on the Rise? A recent survey of data provided by the Vaccine Court answers that question “Yes” in terms of compensation for claims made to the National Vaccine Injury Compensation Program (VICP). “SIRVA” stands for shoulder injury related to vaccine administration, and describes a reaction that follows a vaccination, usually the flu shot, resulting in immediate and lasting pain in the arm or shoulder area beyond the site of the injection.

Since 2014, the VICP has assigned certain claims to a special processing unit, for cases which are expected from the outset to be compensated. As of March 2017, of the 742 claims paid by that unit, 515 cases—70% of the total—were the result of SIRVA injuries. These statistics bear out an answer we recently gave to a gentleman who called us after his own experience: Yes, SIRVA is real, they are on the rise, and you are entitled to recover if you meet the criteria for compensation.

When our firm is contacted by a person who believes they may have suffered a SIRVA or 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. Nor do you pay us from any recovery you receive—our fees are paid by the VICP. 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.

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.

How Vaccine Injury Pros Handles A Vaccine Injury Claim

People fear what they don’t know. In the case of seeking legal advice, people don’t know how a lawyer is going to handle their problem and how much it is going to cost.  Terms like “free consultation” are helpful, but do not fully explain what the lawyer is going to do, and how much you can expect to pay.

When Vaccine Injury PNikki Blazey - Vaccine Injury Attornetyros is contacted by a person who believes they may have suffered a Vaccine Injury, we spend whatever time is necessary to explain the National Vaccine Injury Compensation Program (NVICP), the process involved, how long it may take, and what we do to determine if the facts support filing a claim. Our next step is to gather all of the relevant medical history involved in the person’s immunization, adverse reactions, and current condition. These include medical records from the person’s doctors, clinics, hospitals, and other providers.

Not all situations are eligible for compensation from the NVICP.  So next, we analyze those records and assess if there is a reasonable basis to believe the vaccination caused the person’s reaction, illness, or condition, and may be entitled to compensation under the NVICP. If that assessment requires additional expertise, we may consult with medical professionals with specialized knowledge.

If our determination is that the facts support making a claim, we will prepare all of the necessary documentation, file the claim, and represent you in the litigation. If it appears a valid claim cannot be made, we will explain that to you and advise you of any alternatives that may be available to you.

At all times during the process, we keep you fully informed, providing you with an explanation of our activities and findings.  And we do all of this without charging you a fee or requiring you to pay the expenses necessary to pursue the claim.  This is because the NVICP pays for that person’s lawyer, as a way to encourage them to seek compensation without incurring a financial burden. This means that if your claim is granted by NVICP, the amount of your recovery is not reduced by the fees paid to your lawyer.  Similarly, if we are required to hire an expert for consultation, or to testify in the case, we advance those fees and get reimbursed from 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 the firm’s representation of persons with possible vaccine injury claims by visiting the Vaccine Injury page and other articles in our Blog.

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.