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. 

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)