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.

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.

“SIRVA” and the Flu Shot- How we can help

We have touched on what a SIRVA injury is and the types of compensation for SIRVA injuries on our blog before. However, as we have seen many SIRVA injuries as the result of the flu shot injection and flu shot season is well under way, we thought it would be timely to discuss how we can assist those who have SIRVA injuries and may be eligible for compensation.

Nikki Nobbe - Vaccine Injury Attornety

“SIRVA” stands for shoulder injury related to vaccine administration. Our firm is experienced in representing individuals with SIRVA injuries in claims against the National Vaccine Injury Compensation Program “NVICP”. Often clients come to us after they have spent months in severe pain and suffered with limited range of motion. They frequently have trouble or are unable to complete routine tasks such as dressing or washing their hair. Commonly the pain will keep them awake at night and they are unable to find a comfortable position to sleep in. Many have had to take time off from work as they were unable to perform the tasks that their jobs required of them. Furthermore, clients often incur significant medical bills while searching for relief from their vaccine injury.

In order to receive compensation for your injury you must meet certain criteria. You may meet the criteria for compensation even if you have achieved a full recovery from your injury. If eligible, you may be entitled to compensation for the pain and suffering you experienced, or continue to experience, in addition to payment for lost earnings. Lost earnings can include those which you incurred when you were unable to work, for example if you stayed home to recover from surgery or simply were unable to work due to an inability to use your arm. We have also worked with clients who have severe SIRVA cases and are unable to find any treatment to heal or alleviate their injury and cannot return to work, if this is the case you may also have a claim for future lost wages. Additionally, we work with clients to determine what out of pocket medical expenses they have incurred and expect to incur due to the vaccine injury as they too may be compensated.

Richard and Nikki work closely with each client to truly understand what they have endured as a result of their vaccine injury. This allows us to properly advise you as to what compensation you may expect to receive in comparison to similar cases and to properly advocate on your behalf.  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 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.

 

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.

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.

NVICP Offers Compensation for Those Suffering from Vaccine Side-effects

The National Vaccine Injury Compensation Program offers compensation for those suffering from vaccine side-effects

Richard Moeller - Vaccine Injury AttorneySince 1986, a little-known program of the federal government, called National Vaccine Injury Compensation Program (NVICP), has been awarding money to persons suffering from side-effects of certain vaccines. The NVICP compensates individuals 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 diphtheria, pertussis, tetanus, DTaP, Tdap, DTP, P, DTP-Hib, DT, Td, TT, measles, mumps, rubella, MMR, hepatitis, varicella, chicken pox, rotavirus, pneumococcal conjugate, meningococcal, PCV, Prevnar, polio, OPV, IPV, trivalent influenza, seasonal flu, human papillomavirus, HPV, and Gardasil.

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 generally be admitted to practice in the U.S. Court of Federal Claims.  A unique feature of the NVICP is that if the claim meets certain minimal requirements, 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.

Compensation from the NVICP can include…

  • Unreimbursed medical expenses (those not paid by health insurance, Medicaid, or Medicare), and certain costs associated with ongoing care resulting from the Vaccine Injury
  • Past and anticipated lost earnings or wages caused by the Vaccine Injury
  • Past and projected pain and suffering and emotional distress from the Vaccine Injury, up to $250,000

The firm of Moore, Heffernan, Moeller, Johnson & Meis, LLP has been representing clients with Vaccine Injury claims since 1998.  The firm does not charge persons any fees for services to visit about and investigate the claim.  And if the case meets certain minimal requirements, the firm will pursue the claim at no charge for fees. Also, the firm will often advance the expenses incurred to pursue the claim.