Vaccine injury claims are not like traditional personal injury claims and require a lawyer admitted to the United States Court of Federal Claims, located in Washington, D.C. These cases cannot be filed in state or local court before proceeding through the Vaccine Program.
Vaccine injury litigation is a specialized area of practice, and there are few attorneys who do it. Brown Bass & Jeter is one of a select few that focus on vaccine injury claims, and have an attorney licensed to practice in the United States Court of Federal Claims.
Our Vaccine Injury Attorneys Represent Clients in All 50 States
If you believe a vaccine injured you or your child, please call Brown Bass & Jeter, PLLC to see what assistance can be provided to you. We can help recover money for you or your child for the injuries suffered. Vaccine litigation is highly specialized and challenging. Individuals who suffer vaccine related illnesses deserve and must obtain competent representation.
Every year, a small percentage of the population suffers adverse reactions to vaccinations which range from shoulder and arm pain to severe neurological conditions such as Guillain-barre syndrome (GBS), Acute Disseminated Encephalomyelitis (ADEM), Transverse Myelitis (TM), seizures, and others, and in rare circumstances death. Brown Bass & Jeter represents individuals throughout the country in cases involving vaccine related injuries, illnesses, side effects, and death.
Who Can File in the National Vaccine Injury Compensation Program (NVICP)?
Anyone can file a petition in the NVICP, regardless of age or citizenship status, as long as the effects of the injury (1) lasted for more than 6 months after the vaccination, or (2) resulted in inpatient hospitalization and surgical intervention while hospitalized, or (3) resulted in death.
You may file a petition if:
- You received a covered vaccine and believe you have been injured as a result of this vaccination;
- You are the parent or legal guardian of a child or disabled adult whom you believe has been injured by a covered vaccine;
- You are the legal representative of the estate of a deceased person who you believe was injured by a covered vaccine and/or whose death you believe was a result of the covered vaccine.
The covered vaccine must have been administered in the United States or its territories unless:
- The person who received the vaccine was, at the time of treatment, serving abroad as a member of the Armed Forces or as an U.S. Government employee, or is the dependent of such a citizen; or
- The vaccine was manufactured in the United States and the person filing the petition returned to the United States within 6 months of the date of vaccination.
How Long Do I Have to File My Claim in the VICP After My Vaccinations?
With respect to a vaccine related injury, the statute of limitations requires that you file a claim with the U.S. Court of Federal Claims within 3 years from the onset of first symptoms. In cases involving death, petitions must be filed within 2 years of death and within 4 years of the first symptom in cases where death resulted from the injury.
What Can You Receive Compensation for After a Vaccine Injury?
Under the Vaccine Injury Compensation Act, you can receive compensation for:
- Reasonable future medical expenses
- Reimbursement for past unreimbursed expenses relating to the vaccine injury
- Pain and Suffering (Past and Future) – Maximum recovery of $250,000.00
- Lost Wages (Past and Future)
- Death cases – Statutory Death Benefit (Maximum Recovery of $250,000.00)
Vaccine litigation is specialized and complex. You should consult an experienced attorney to help you recover the monetary compensation you deserve.
What Vaccines Are Covered?
The following vaccines are covered by VICP:
- Flu Vaccine (Trivalent influenza vaccine – TIV)
- Chicken Pox Vaccine (Varicella vaccine – VZV)
- Hepatitis A Vaccine (HAV)
- Hepatitis B Vaccine (HBV)
- Tetanus Vaccine (DTaP, DTP, DT, Td, Tdap, TT)
- Pertussis Vaccine – Whooping Cough (DTaP, DTP, Tdap, P, DTP‑Hib)
- Hemophilus influenzae type B (Hib)
- Measles, Mumps, Rubella vaccine or any of its components (MMR, MR, M, R)
- Human Papillomavirus (HPV) (Gardasil and Cervarix)
- Meningococcal vaccines (MCV4, MPSV4)
- Pneumococcal conjugate vaccines (PCV)
- Rotavirus (RV)
- Varicella (VZV)
- Any combination of the vaccines above (Trivalent, Quadrivalent, etc.)
- Additional vaccines may be added in the future
Some of the Most Common and Severe Vaccine Injuries Include
- Shoulder/Arm Injury – Any vaccination can cause sharp shoulder pain, upper arm pain, permanent swelling and tenderness at the site of injection, lumps, nodule, injuries to the nerves at the site of injection, rotator cuff injury, frozen shoulder, and / or brachial neuritis. If any of these complications from a vaccine administration occur and last more than six (6) months after the vaccination or result in a surgical procedure, then you may be entitled to monetary compensation.
- Guillain-Barre syndrome (GBS) can be triggered by infections or immunizations. The influenza vaccination has been associated with an increased risk of GBS. Following a vaccination, an autoimmune response occurs which affects the peripheral nervous system. GBS can present with a variety of neurological symptoms such as numbness, tingling, and weakness. Some of the most common symptoms include: feeling of pins and needles in arms and legs, difficulty chewing or swallowing, weakness in arms and legs and difficulty in breathing
- Transverse myelitis is the inflammation of the spinal cord and may occur as a result of a vaccination. The source and type of vaccination are often disputed—it may be linked to a reaction to the flu vaccine or hepatitis B, as well as other types of vaccinations.
- Acute disseminated encephalomyelitis (ADEM) is often traced to reactions that individuals encounter after vaccination. It may also stem from a viral infection. Those who have suffered from ADEM suffer inflammation of the spinal cord and the brain. The influenza vaccine is known to cause ADEM. Some of the symptoms of ADEM include: headache, nausea, vomiting, seizures, fatigue, loss of sight, weakness, drowsiness, fever, coma, difficulty with muscle movement
- Chronic Inflammatory Demyelinating Polyneuropathy (commonly abbreviated as CIDP) is an autoimmune condition that is neurological in nature and caused by foreign elements attacking a person’s immune system. CIDP involves the increased feelings of weakness and decreased function of legs and arms. It can also potentially affect a person’s face and eyesight. CIDP sometimes is described as a chronic form of GBS. Depending on the person, this condition can be chronic. It may be treated with a combination of corticosteroids immunosuppressant drugs. Plasma exchange and IVIG physiotherapy have also benefitted patients with CIDP. There are numerous symptoms associated with CIDP but some of them can include: tingling sensations or feelings of weakness in a person’s hands or feet, impaired motor functions, reduction of tendon reflexes, and facial paralysis
- Optic Neuritis
- Brain damage
Vaccine Injuries Vary from Person to Person
Because different people react to vaccinations in different ways and to different degrees, the extent and seriousness of vaccine injuries can vary widely. Injuries can range from minor symptoms that heal in short order with few or no long-term effects — to injuries resulting in life-long disabilities, or even death.
Also, sometimes injuries can be exacerbated by doctors and nurses who “follow rules” rather than using careful judgment. Or they might jump to an incorrect conclusion if they encounter a rare or certain kind of injury or vaccine-related disorder they aren’t familiar with or haven’t learned about.
Correctly spotting and diagnosing vaccine-related problems can be especially difficult when the causal relationship between symptoms and a recent vaccination may not be obvious, and therefore quite difficult to discover.
But whether due to human errors rooted in carelessness, inattentiveness, fatigue, or being rushed for time — or simply natural adverse reactions to a vaccination by the patient — vaccine injuries can be of monumental consequence for the victim and those who become responsible for that person’s care — perhaps for many years.
Recognizable Vaccine Injury Patterns
Much has been learned by comparing:
- Conditions caused by naturally occurring viruses and bacteria responsible for various infectious diseases, and
- Adverse reactions to vaccines for those same diseases.
In many cases those conditions and reactions are rather similar. Analysis of case reports, epidemiology, and additional research on animals and humans provides insights into vaccines and different kinds of related injuries. Discoveries show that vaccine injuries, though rarer, are often similar to injuries and conditions caused by the disease being vaccinated against. Most of the adverse reactions that end up being considered by the Vaccine-Injury Compensation Program tend to be rare reactions directly related to a specific vaccine or its related disease.
As this knowledge base increases, it is becoming increasingly useful for evaluating and processing VICP injury claims.
How Much Does a Vaccine Attorney Cost?
Unlike traditional legal cases, petitioners who file claims in the National Vaccine Injury Compensation Program (NVICP) do not pay any legal fees. Our firm will pay the cost of litigating your case such as filing fees, medical records copying fees, expert physician fees, etc. At the conclusion of your case, our firm will seek reimbursement of litigation cost and attorney’s fees from the Court. The VICP pays reasonable attorneys’ fees and costs separately from any compensation award. Therefore, as a Petitioner, you do not have to pay any fees or costs.
Speak with a Vaccine Injury Lawyer Today
Brown Bass & Jeter represents clients from all 50 states. To get in touch with our dedicated vaccine injury legal team, call 601-487-8448 or fill out our Contact Form.