Vaccine Lawyer

Category: Vaccine Injury

  • The Vaccine Injury Table to Include Shoulder Injury Will Eradicate a ‘Trump Era” Rule

    The Vaccine Injury Table to Include Shoulder Injury Will Eradicate a ‘Trump Era” Rule

    On April 22, 2021, the National Vaccine Injury Compensation Program (VICP) reversed a rule set by the Trump administration back in January 2021. A shoulder injury is now included on the Vaccine Injury Compensation Table. The most common vaccine injury cases C&J secures are shoulder injuries. The only three (3) attorneys in the state of Utah certified in Vaccine Injury Law and they all work at C&J. Dave Richards, Tanner Lenart & Jeffrey Enquist are experienced lawyers and handle vaccine injury cases at no cost to you. Anyone who has received a covered vaccine and was injured by a vaccine can file a petition. For more information on the firm’s vaccine injury service, please call 801-323-5000.

     

    The Department of Health and Human Services Federal Register states, “This action rescinds in its entirety the rule entitled “National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table,” published in the Federal Register on January 21, 2021 (January 21, 2021, Final Rule).”

    Details on the reversed rule:

    The National Vaccine Injury Compensation Program: Rescission of Revisions to the Vaccine Injury Table Final Rule, which was published in the Federal Register on April 22, 2021, rescinds in its entirety the rule entitled “National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table,” published in the Federal Register on January 21, 2021 (January 21, 2021 Final Rule). As of April 22, 2021, the January 21, 2021 Final Rule is withdrawn.

     

  • COVID Vaccine Reaction Not in Injury Compensation Program

    COVID Vaccine Reaction Not in Injury Compensation Program

    The National Vaccine Injury Compensation Program (NVICP) is a no-fault, no-cost resolution to vaccine injury claims that provides compensation to those found to be physically injured by certain vaccines. The list includes vaccines such as the seasonal influenza vaccine, hepatitis B vaccines, polio, measles, and mumps. However, the NVICP does not include the COVID vaccine.

    The COVID vaccine is listed on the Countermeasures Injury Compensation Program (CICP). This list includes vaccines that are recommended to prevent or treat a declared pandemic, epidemic, or security threat. Ebola, SARS, plague, anthrax, and smallpox are included in CICP.

    “Overall, it sounds like a tough program to prevail in, as only 29 of 494 claims have been compensated in the last 10 years,” says Vaccine Lawyer, Dave Richards.

    Although there is a plan to add the COVID vaccine to the NVICP, the process is federal and lengthy.

    Dr. Cody Meissner’s “viewpoint” article dives into the COVID vaccine and how/why it is not included in the NVICP. The article references a self-help guide for people to make PREP (Countermeasures) Act claims. 

    “A request for benefits for an alleged injury must be submitted to CICP within 1 year from the date of the event,” according to Dr. Meissner.

    Three facts to know about the COVID vaccine and the PREP Act:

    1. Unlike the vaccine program, PREP Act filings do not reimburse attorney’s fees (but Christensen & Jensen would evaluate such a filing if the client was willing to pay an hourly rate.)
    2. PREP Act filings have been largely unsuccessful. According to Meissner, only 494 PREP claims have been filed since 2010 and only 29 were deemed compensable.
    3. PREP filings have a 1-year statute of limitations.  By comparison, the vaccine program provides a 3-year statute for injuries and a 2-year statue for deaths.

    Filing for Benefits: https://www.hrsa.gov/cicp/filing-benefits 
    Dr. Meissner’s article: https://jamanetwork.com/journals/jama/fullarticle/2776308

  • Vaccine Safety for the 2021-2022 flu season

    Vaccine Safety for the 2021-2022 flu season

    As we head into the upcoming flu season, parents need to immunize themselves and their children against the influenza virus.  Influenza is a serious disease that can lead to hospitalization and sometimes even death. The U.S. Centers for Disease Control Prevention encourages Americans to receive flu shots each year. While not 100% effective, an annual seasonal flu vaccine is the best way to reduce the chances that you will get seasonal flu and spread it to others. 

    FLU VACCINE REACTIONS & INJURIES

    Although flu and other vaccinations are generally safe, rare reactions and injuries do occur. For those who are planning on receiving the flu shot, especially the young and elderly, they must be aware of the risk and adverse reactions that can happen.  There are essentially two categories of injuries that can occur as a result of vaccination: 1) shoulder injuries caused by an incorrectly administered vaccine; and 2) “auto-immune” responses or neurological injuries: reactions within the body to the substance of the vaccination.

    SIRVA (Shoulder Injury as a Result of Vaccine Administration)

    The first category involves improperly administered vaccines which can result in a shoulder injury.  SIRVA injuries (shoulder injury as a result of vaccine administration) are injuries to the musculoskeletal structures of the shoulder – ligaments, tendons, bursae – due to trauma from a needle entering the bursa and/or rotator cuff, resulting in an inflammatory response.

    The injury is typically the outcome of injecting too high on the shoulder. Rather than entering the muscle tissue in the portion of the shoulder between the elbow and the joint, the needle enters the joint space, resulting in physical trauma to the shoulder.

    Nerve Injuries & Allergic Reactions

    The second category of injury would be a reaction to the substance of the vaccine within the body.  The nature by which vaccines function —by stimulation of the immune system—means that in rare cases, adverse events may occur following vaccination. Injuries such as Guillain-Barre Syndrome, Transverse Myelitis, Encephalopathy, Intussusception, ADEM, and allergic reactions can occur as a result of certain vaccinations.  If you or a loved one experience abnormal symptoms following vaccination, it is important to contact your medical professional immediately.

    COMPENSATION FOR A FLU VACCINE INJURY – FEDERAL LAW

    Fortunately, compensation is available for those who experience an adverse reaction or injury from vaccination. The Vaccine Injury Compensation Program(“VICP”) is a federally administered, no-fault compensation program where the vaccine-injured can seek compensation through a multi-billion-dollar government fund. Claims are filed in the Court of Federal Claims, in which only a small number of lawyers in the country are licensed to practice. These claims are different from traditional litigation because there is not a lawsuit against a particular individual or entity, rather, compensation is sought only from the government fund. The VICP pays settlements to clients along with the attorney’s fees associated with the case, which means that clients never pay any attorneys’ fees.

    The attorneys at My Vaccine Lawyer are licensed to represent clients in all 50 states for vaccine injuries. Our attorneys will closely examine the facts of your case, provide a comprehensive analysis, and explain your legal options moving forward. Those receiving flu shots this 2018-2019 season must understand the resources available to them in case of a rare reaction. The attorneys at My Vaccine Lawyer are here to help.

  • Vaccine Injury Table updated to include GBS and SIRVA

    Vaccine Injury Table updated to include GBS and SIRVA

    The Vaccine Injury Table is a chart that outlines vaccines and possible vaccine injuries that are recognized as compensable cases by the Vaccine Injury Compensation Program (VICP). While injuries not listed on the table may also be compensated, if an injury fits within the parameters outlined in the table, the burden shifts to the government to prove that the vaccine did not cause the injury. These “table cases” are often easier to prove in Court.

    As of late 2016, two common injuries, Guillain-Barre Syndrome (“GBS”) and SIRVA (“Shoulder Injury Resulting from Vaccine Administration”), were not listed on the table, although these cases have been compensated for years.

    However, due to the publication of various uncontroverted medical literature establishing the legitimacy of these vaccine-related injuries, a recent amendment has been made by the Centers for Disease Control (“CDC”) to the table to include SIRVA and GBS (as a result of the seasonal influenza vaccination). This means that certain SIRVA and GBS cases that fit within the parameters of the table may be streamlined through the program and easier to prove in Court.

    According to the meeting minutes from the CDC “SIRVA is thought to result from the unintentional injection of a vaccine into the tissues and structures that lie underneath the deltoid muscle of the shoulder. The IOM reviewed the scientific and medical literature, and found that the evidence convincingly supported a causal relationship between vaccine administration and what they referred to as “deltoid bursitis.”

    If you or a loved one has suffered from SIRVA or GBS as a result of a vaccination, please contact us immediately for a free consultation. Our attorneys have successfully litigated hundreds of SIRVA and GBS cases in the VICP.  The Program pays for attorney’s fees and costs so there is no financial burden on the client. We look forward to hearing from you!