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.

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.

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.