Like other medical procedures, immunizations have the potential to cause negative side effects. While most complications are both mild and temporary, a small percentage of people end up experiencing serious issues, like severe allergic reactions.
To mitigate lawsuits against health care providers and pharmaceutical companies, the National Vaccine Injury Compensation Program (NVICP) was founded in the 1980s. Serving as a no-fault alternative to traditional personal injury claims, this program aims to compensate affected parties fairly without threatening herd immunity.
Without the program, a few seven-figure settlements could be enough to reduce vaccination rates, since health care providers might not want to assume such liability anymore. Likewise, if one or more pharmaceutical companies end up going bankrupt, vaccine shortages could result.
While maintaining herd immunity is essential for keeping preventable—and even some eradicated—diseases at bay, those who develop complications deserve compensation. If you had a severe reaction to a vaccine, you may be able to file a claim under the NVICP as long as the effects of the complication:
- Lasted for more than six months;
- Resulted in inpatient hospitalization; and
- Demanded surgical intervention.
Complications that result in death also warrant action under the NVICP. In such a scenario, the personal representative of the deceased’s estate may file a claim on behalf of eligible beneficiaries. Otherwise, the petitioner must be the individual who was actually injured by the vaccine or the parent or legal guardian of the child or disabled adult who was injured.
It’s important to note that the NVICP does not address complications caused by any and all vaccines. Affected parties may only file a claim under the program if their complications were caused by a covered immunization.
Thankfully, the NVICP covers most of the vaccinations that are routinely administered in the United States. Examples include the immunizations for:
- Hepatitis A;
- Hepatitis B;
- Human papillomavirus;
- Seasonal influenza;
- Tetanus; and
It’s also worth mentioning that in order to be eligible for compensation from the NVICP, the vaccination in question must have been administered in the United States or its territories. An exception applies to U.S. government employees and members of the armed forces who received the problematic vaccine while abroad.
Should this be the case, the vaccine must have been manufactured in the United States. Additionally, the affected party must have returned to U.S. soil within six months of being immunized.
Call 601-487-8448 for a Free Consultation with a Vaccine Injury Attorney
At Brown Bass & Jeter, PLLC, we understand just how devastating vaccine-related complications can be. If you or someone you love wants to file a claim under the NVICP, we’ll help you gather the evidence needed to pursue the maximum payout possible.
If you let our resourceful team handle all the logistics of your case, you can focus on more important matters, like your rehabilitation. Call 601-487-8448 or fill out our Contact Form to schedule a free consultation with a vaccine injury lawyer.