Understanding Vaccine Injury Law
Getting a flu shot or other vaccination is a common occurrence, and in the vast majority of cases it is a great idea. However, on rare occasions, flu shots and other pharmaceuticals cause unexpected side effects. If a vaccination causes a severe injury to an adult or a child, JPI can help.
A little known program was established in 1986 to compensate individuals who suffer adverse reactions to flu shots or vaccines. Congress created the National Vaccine Injury Compensation Program (NVICP) after a series of lawsuits against vaccine manufacturers threatened to cause vaccine shortages. As a result, a federal trust fund was established which to date has paid out billions of dollars in damages to individuals who suffered severe injuries as a result of a vaccination. In order to obtain an award, a claim must be filed in the United States Court of Federal Claims in Washington, D.C.
Claims can be filed by the injured individual or by a parent or legal guardian on behalf of a child or disabled adult. In order to be eligible to receive compensation, the injured individual must establish the following:
- The adverse effects of the vaccination lasted more than six months after the vaccine was given, or
- Resulted in a hospital stay or surgery, or
- Resulted in death.
The following vaccines are covered:
- Tetanus toxoid-containing vaccines
- Pertussis antigen-containing vaccines
- Measles, mumps and rubella virus-containing vaccines in any combination
- Rubella virus-containing vaccines
- Measles virus-containing vaccines
- Polio live virus-containing vaccines
- Hepatitis B antigen-containing vaccines
- Hemophilus influenza
- Varicella vaccine (Varivax chickenpox virus vaccine)
- Rotavirus vaccine
- Pneumococcal conjugate vaccines
- Hepatitis A vaccines
- Trivalent influenza vaccines (Flu vaccines including FluMist, a live attenuated influenza virus vaccine; and injectable influenza vaccines FluShield, Fluvirin, FluZone, and Afluria)
- Meningococcal vaccines
- Human papillomavirus (HPV) vaccines (Gardasil and Cervarix)