Proposed Changes to Add the Category of Vaccines Recommended for Pregnant Women to the Vaccine Injury Table

There may be some good news coming to pregnant women who have suffered adverse reactions to certain vaccines. The Secretary of the Department of Health and Human Services has proposed amending the National Vaccine Injury Compensation Program (NVICP) Vaccine Injury Table  to include vaccines recommended by the Center for Disease Control and Prevention (CDC) for routine administration in pregnant women.

The CDC has long recommended that pregnant women receive a whooping cough vaccine and flu shot during each pregnancy. More specifically, the CDC recommends the Tetanus, Diphtheria, and Pertussis (Tdap) vaccine and the Influenza (Inactivated) (IIV) vaccine. In certain circumstances, the CDC recommends that pregnant women receive other vaccines before, during, or after pregnancy.

The Vaccine Injury Table currently lists all vaccines covered by the NVICP and their associated injuries. If this amendment is approved, the Vaccine Injury Table will be expanded to include any vaccines that the CDC recommends for pregnant women, not just those now on the Table. This expansion will make it easier for pregnant women who suffer an injury from one of the recommended vaccines to receive compensation.

How can Vaccine Injury Pros help you?

You can contact us about a possible Vaccine Injury  by visiting our Contact page or using the Live Chat feature on any of our pages. And you can learn more about the Program and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.


The Flu Shot and GBS

Nikki Nobbe - Vaccine Injury AttornetyHave you been diagnosed with Guillain-Barre syndrome (GBS) after having a flu shot? It is important to know that if you have suffered from GBS in the days or  weeks following a vaccination you could have a claim the Vaccine Injury Compensation Program (VICP) and should discuss your situation with us.

The Mayo Clinic identifies that the influenza or childhood vaccinations can be a cause of GBS. While GBS can be caused by other health issues, the VICP, a program administered by the federal government, also recognizes that GBS following influenza vaccinations can occur, in fact it is included on the Vaccine Injury Table.  Meaning that if you had an influenza vaccination and suffered from GBS within 3 to 42 days after having your vaccination, the VICP presumes that the vaccination is the cause of your injury. If your injury resulted in inpatient hospitalization and surgical intervention or your injury lasted for six months or more, or it is anticipated you will suffer from the disorder for that length of time, you would meet the criteria for a table claim.

It is important to note that if you are diagnosed with GBS outside that time frame you may still have a claim and you should contact us. Our consultation and investigation of your claim is completely free, there is no charge for speaking with us about your case.

We have worked with many clients who have suffered from GBS and understand the toll and financial burden the injury can cause. The VICP was established to compensate individuals that suffer from this type of injury and acknowledges that vaccine reactions can, and do occur. If you are suffering from GBS as a result of a vaccination you may be eligible for compensation including lost wages, unreimbursed medical expenses, and what is called “pain and suffering” meaning compensation for all you had to endure as a result of GBS, including the pain, stress of hospital stays, grueling physical therapy and the like.

You can contact us about a possible Vaccine Injury by visiting our contact page, emailing me directly at Nnobbe@MooreHeffernanLaw.Com or calling our firm toll free at 1-844-589-2889. You can learn more about the Claim Process here and about GBS here.

IS MY CLAIM WORTH CALLING AN ATTORNEY? IS THERE REALLY NO COST?

In our last blog, we discussed how if you have suffered an injury, it is worth contacting us to discuss if you have a vaccine injury claim. In this part of our blog we discuss why it is worth both your time, and ours to investigate and pursue a vaccine injury claim.

Is contacting you regarding a vaccine claim worth my time?

While this is something we will discuss with you further and is truly only a question you can answer, after speaking with us and the identification that there is a viable claim, in our experience the resounding answer is YES.  Typically our initial phone call will take less than an hour, during that call we will ask you about your injury and tell you about the VICP and the work we can do for you. If in that conversation, it is decided that you may have a viable claim we will discuss how we investigate claims and if you would like to proceed. If so, we get information regarding your medical providers- all you need to give us is their names and we will do the rest of the work to track them down. We will then send you an agreement and ask that you sign authorization requests for your medical providers. We will incur the cost for obtaining your medical records.  After that, the ball is in our court- we do the work for you, and at no cost to you.

If we determine and recommend that a claim should be filed, we prepare all the necessary paperwork. As it is your claim, you will be asked to review and sign certain documents but we are committed to doing the work, and making it as easy as possible for you to pursue a claim.

Is it worth an attorney’s time? Is there really no cost to me?

As attorneys practicing in the VICP, we are compensated for our time from the program. In order to file a claim we have to have what is termed a “reasonable basis” to file. Meaning that, before we file a claim we must have investigated and have sufficient good faith belief that you have a claim that is worth of compensation from the program.

If after speaking with you initially, we believe you have may have a claim, we will investigate your claim, at no cost to you. If we don’t feel that we can take your case, we will tell you that as well. It is well worth your time, and ours, to discuss if you have a possible claim- and again, we will discuss the matter with you FREE of charge. You can also email me directly at nnobbe@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.

IS MY INJURY WORTH FILING A CLAIM?

Is filing a Vaccine Injury Claim worth it?  This is a question we have been asked by many prospective clients, and most often the answer is YES, and this is not because we are trying to “sell” you that we are the best attorneys to pursue your claim. While we would greatly appreciate the opportunity to work with you, as attorneys we got into the field of law to help people and that is why we are vocal about National Vaccine Injury Compensation Program (VICP).

Often our clients come to us and feel that they are not “toughing it out” or are “complaining” by speaking to us. Routinely, we hear that potential clients don’t want to be “sue happy” and wonder “Is my injury really worth calling about or pursuing?”  While we appreciate the thoughtfulness of potential clients the fact is, if you believe have suffered an injury as a result of a vaccination, looking into if you are entitled to compensation is absolutely worth it.

In this blog we will address why the program was established and why, even if you believe your injury is minimal, it is worth contacting us to investigate your claim. Next week, we will discuss how it is worth both your time, and an experienced VICP attorney’s to investigate your claim.

 

The program was established for a reason…

The National Vaccine Injury Compensation “VICP” was established upon Congress recognizing that while vaccines have prevented thousands, likely millions, of people from suffering and falling ill from Measles, Influenza, Hepatitis and other illnesses, the administration of vaccines is not without risk. Simply put, our government recognized that reactions can and still do occur. The tradeoff for the implementation of widespread vaccination protocols and the prevention of those illnesses came with the realization that there needed to be a way to acknowledge when reactions occur. As uncomfortable as it may be, the only way to acknowledge those that have suffered an injury is with monetary compensation and that is why the VICP was created.

One of the most common vaccination injuries is a Shoulder Injury Resulting from Vaccination (SIRVA), you can read more about what a SIRVA injury is here: https://vaccineinjurypros.com/vaccine-injuries/sirva-injury/. A SIRVA injury is just how it sounds, an individual receives an injection and as a result of the injection, suffers a shoulder injury. While the injury must meet certain criteria, such as it must result in pain and loss of mobility that occurs shortly after the injection and continues for more than six months- the VICP recognizes that not all vaccinations are simply a shot- and that injuries and reactions occur.

 

But my injury isn’t that bad, I can still function…

Our number one concern when we speak with potential clients is their health. It is common for our first question to be “how are you doing” when discussing cases with potential clients. We really do care and wish for a speedy and seamless recovery from any injury our clients are experiencing. And while we appreciate the perspective our clients often believe that their injury isn’t “that bad”, it is our job as advocates to let you know that while you may be minimizing your experience as “not that bad” that does not mean you haven’t suffered and that what you experienced isn’t worthy of compensation from the VICP.  The sleepless nights you may have had, the anxiety of not knowing what your future may hold, the events you declined on attending because you simply didn’t want to deal with conversing while others while in pain- these are all things that you have had to endure. In other words, while you may find your experience minimal, the VICP was created and exists to acknowledge and address the pain and suffering, medical expenses, and loss of income that may have resulted from your vaccination.

Nikki Nobbe - Vaccine Injury Attornety

It is important to remember that if after speaking with you, we believe you may have a claim, we will investigate the matter at NO COST to you. If we don’t feel that you have a viable claim, we will tell you that as well. Simply, there is no downside to contacting us, it is worth it. You can contact is by visiting our Contact page. You can also email me directly at nnobbe@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.

VACCINE INJURY COMPENSATION FOLLOWING HPV VACCINE

The National Vaccine Injury Compensation Program (VICP), the federal program which compensates persons who experience adverse reactions after receiving certain vaccinations, covers the vaccine for the human papilloma virus (HPV).  The HPV vaccine, commonly known as Gardasil and Cervarix, are administered to prevent infection from the HPV which is the most common sexually transmitted infection in the United States.  The HPV infects an estimated 14 million persons annually, with roughly half of new infections occurring among persons age 15 through 24 years.  The virus is associated with cervical, vulvar, and vaginal cancer in females, penile cancer in males, and anal and oropharyngeal cancer in both females and males.

Adverse reactions from the HPV vaccines are rare.  However, since its coverage by the VICP starting in 2007, persons who have been injured or died from the HPV vaccine have been granted compensation in cases involving several conditions, including autoimmune demyelinating illness, acute disseminated encephalomyelitis (ADEM), multiple sclerosis (MS), Neuromyelitis optica (NMO, also known as Devic’s disease or Devic’s syndrome), seizure disorder, epilepticus, limbic encephalitis, febrile infection-related epilepsy syndrome (FIRES), neuropsychological or cognitive damage. Filing a claim can be complicated, but fortunately lawyers experienced with the Program are available to represent persons and families.  Moreover, if compensation is awarded, the legal fees and expenses are paid by the VICP and do not reduce the person’s recovery.

When we are contacted by a person who believes they may have suffered a Vaccine Injury, we do not charge any fees to visit about the claim, or to investigate the claim, or to pursue the claim if it has a reasonable basis.  Also, we pay the expenses incurred to pursue the claim.  As often as possible, we try to meet in person to fully explain the Program and the process involved.Nikki Nobbe - Vaccine Injury Attornety

You can contact us about a possible Vaccine Injury by visiting our Contact page.  You can also email me directly at nnobbe@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.

WHY YOU SHOULD SEEK REPRESENTATION AFTER A VACCINE INJURY

“Is the pain I am experiencing in my arm after a flu shot normal?”

“Is it normal to not be able to move my arm after a flu shot?”

Asking yourself those very questions?  While the last thing anyone expects after receiving a flu shot is to suffer a shoulder injury, we have represented many clients who were once wondering the same thing. Often our clients come to us in disbelief that a routine flu shot has caused them months of pain and loss of mobility. After seeking medical treatment, it also is not uncommon for doctors to not attribute an injury to a vaccination or to not even be aware of the medical term “SIRVA” which stands for Shoulder Injury Related to Vaccine Administration.  This often leads to feelings of frustration and hopelessness for individuals seeking relief and acknowledgement of their injury.  That’s where we hope to help, by investigating and evaluating if your symptoms and injury meet the requirements for a vaccine injury claim under the VICP. And if your injury does meet those requirements, we can represent you in filing a claim with the VICP to receive compensation- all at no charge to you.

The VICP is a federal program, which compensates persons who experience a Vaccine Injury, which occurs when a Nikki Nobbe - Vaccine Injury Attornetychild or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the VVICP. Claims for compensation to the VICP 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.

While most claims are settled, there are several reasons petitioners should be represented by an experienced lawyer in a case with the NVICP. First, if the claim meets certain minimal requirements, the NVICP will pay the lawyer’s fees, whether or not the petitioner is entitled to recover. This means the petitioner has no risk.  Second, if he or she is entitled to recover, those fees are paid separately from the amount of compensation received, and thus the recovery is not reduced by legal fees and expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

Third, HHS is represented by lawyers from the Department of Justice (DOJ) who work on nothing but Vaccine Injury claims. When a claim is contested, the petitioner must prove the claim, and the DOJ lawyers will oppose the claim.  Proving entitlement can be very complicated, specialized, and time consuming.  It can also be very expensive.  Some cases require trying the case at an “entitlement hearing.” When the lawyer representing the petitioner has actually tried vaccine cases, the petitioner benefits from that experience by getting the best result possible.

Finally, even when a case is not contested, and the NVICP agrees to compensation, there will be a negotiation of the amount to be paid. Of course, the petitioner will want to recover the most the law will allow, and that is best done with a lawyer who is knowledgeable with the kinds of compensation awarded, and who is experienced in that settlement process.

Eighty percent of all claims which receive compensation do so by a negotiated settlement. This leaves 20% which are decided after some level of litigation.  Attorney, Richard Moeller tried his first Vaccine Injury case in 2004, and most recently in January 2016. Between then, we have been able to settle most cases, but the ability to litigate a claim all the way to an entitlement hearing is extremely important in maximizing a petitioner’s outcome because it can make a difference to the DOJ lawyers if they know the petitioner’s lawyer is willing to go to trial if necessary.

When we are contacted by a person who believes he, she, or a family member may have suffered a Vaccine Injury, we do not charge any fees to visit about the claim, or to investigate the claim, or to pursue the claim if it has a reasonable basis.  Also, we pay the expenses incurred 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 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.

“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.

 

 

 

 

 

 

 

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.

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.