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Injuries Caused by Vaccinations (Vaccination Injuries)
Although vaccines are a great advance in public health, occasionally people, especially children and the elderly, have bad, terrible, or even fatal reactions to vaccines. To encourage vaccinations, the federal government has a no-fault program to compensate civilians for vaccine injury or vaccine injuries or adverse reactions to vaccines.
Under this program the government pays the attorney so that legal services do not cost the client anything!
Attorney Lorraine Mansfield, in this office, handles all new vaccine claims as she has handled many successfully in the past - and is admitted to the US Court of Claims, the US Court of Appeals (9th Circuit) and the United States Supreme Court. Recently, Attorney Daniel Reed of this office has started to work with her on these vaccination claims.
This National Vaccine Injury Compensation Program covers injuries from the following vaccines:
- Diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, Td, or TT);
- Haemophilus influenzae type b (Hib);
- Hepatitis A (HAV) ;
- Hepatitis B (HBV);
- Human papillomavirus (HPV);
- Influenza (TIV, LAIV) [given each year during the flu season];
- Measles, mumps, rubella (MMR, MR, M, R);
- Meningococcal (MCV4, MPSV4);
- Polio (OPV or IPV);
- Pneumococcal conjugate (PCV);
- Rotavirus (RV);
- Varicella (VZV);
or Any combination of the vaccines above.
Recently, there has been an increase in claims involving adult flu vaccinations and HPV vaccinations.
Under this program certain bad results occurring within certain time periods are presumed to be vaccine injuries requiring compensation. The government's chart of these bad results and the time period after vaccination are found at the government's website:
However, if you or your child has an injury from one of the above vaccines and the injury is not listed in the above table it may still be possible to win a claim based on medical evidence and medical opinion. So, as long as the injury is from one of the covered vaccines, you can have our legal representation--as long as we feel your claim is good--paid for by the government.
Because this is a federal program administered the same in all states and territories of the United State, we can represent anyone with a vaccine injury if that person lives anywhere in the United States.
Frequently Asked Questions:
Q. What is the Statute of Limitation for these claims?
A. As a general rule, three years from the date of vaccination. However, this is a complex area of the law and you should consult us or another law firm with the specifics of your case for a more accurate answer. Interestingly, we cannot file the claim until six months after the vaccination. However, we can work with you to put the case together before we are allowed to file. On the other hand, if you call us 35 months after the vaccination, we would not have time to put the case together before the statute of limitations runs.
Q. How is the a bad reaction proved to be caused by the vaccine?
A. The best proof is an affidavit from a medical doctor who has reviewed your medical file and the affidavit says the bad reaction was caused by the vaccine. The U.S. Government attorney may or may not dispute your affidavit with an affidavit from a doctor they hire. The case is easier if the reaction to the vaccine is fairly immediate with treatment at a hospital emergency room or other clinic fairly soon after the vaccination. Recently, it has become harder to prove that GBS following an adult flu vaccine is related to the flu vaccine. It appears to us that vaccine cases are getting harder to win in recent years.
Q. How has the Anti-Vaccination Movement affected these claims?
A. In our opinion, it has unfortunately made the courts less willing to give the benefit of the doubt to a person injured by a vaccine, thereby requiring a bigger burden of proof to prove that the vaccine caused the injury.