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If you or a loved one has suffered a serious reaction after receiving a vaccine, you may be entitled to compensation through the National Vaccine Injury Compensation Program. At Brown, Bass & Jeter, our team understands the complex legal process involved in these cases and is committed to helping victims in Biloxi pursue the justice they deserve. As a vaccine injury lawyer, we provide compassionate representation to ensure your voice is heard. Call us today at (601) 327-4024 to schedule a free consultation and learn how we can help with your claim.

What You Need to Know About Suing Vaccine Manufacturers and Filing Injury Claims

Vaccine injuries, though rare, can have a serious impact on a person’s health and quality of life. If you or someone you love has suffered harm after receiving a vaccine, it’s normal to have questions. One of the most common is whether you can sue the vaccine manufacturer. Many people in Biloxi and throughout Mississippi are surprised to learn that the process of seeking compensation for a vaccine-related injury is very different from typical personal injury cases.

You Cannot Directly Sue a Vaccine Manufacturer in Most Cases

One of the biggest misconceptions about vaccine injury claims is that victims can file a traditional lawsuit against the vaccine maker. In most cases, this is not allowed under federal law.

In 1986, Congress passed the National Childhood Vaccine Injury Act (NCVIA), which created protections for vaccine manufacturers. This law was designed to prevent lawsuits from discouraging companies from producing vaccines, which are essential for public health. The legislation established that most legal claims involving vaccine injuries must go through a special program instead of the standard court system.

That program is the National Vaccine Injury Compensation Program (VICP).

What Is the Vaccine Injury Compensation Program?

The VICP is a federal program that offers financial compensation to people who have experienced serious adverse reactions to certain vaccines. It was created to streamline the process of resolving vaccine injury claims while protecting manufacturers from direct lawsuits.

If you believe a vaccine caused your injury, your claim will be filed in the United States Court of Federal Claims, also known as the “Vaccine Court.” The court does not determine fault in the same way a personal injury trial does. Instead, it considers medical evidence and expert testimony to assess whether the vaccine more likely than not caused the injury.

Vaccines Covered by the Program

Not all vaccines are covered by the VICP. The program only applies to vaccines that are recommended for routine administration to children or pregnant women and are subject to an excise tax. These include, but are not limited to:

• MMR (measles, mumps, rubella)
  
• DTaP (diphtheria, tetanus, pertussis)
  
• Hepatitis A and B
  
• Seasonal influenza
  
• Polio
  
• HPV
  
• COVID-19 (may be covered under a different program depending on the timeframe)

If your injury was caused by a vaccine not included in the VICP, other legal options may apply, but they are more limited.

What Compensation Is Available?

If your vaccine injury claim is successful, the VICP may award compensation for:

• Medical expenses (past and future)
  
• Lost wages
  
• Pain and suffering (capped at $250,000)
  
• Funeral expenses, in cases of death

One advantage of the VICP process is that it can resolve cases more quickly than a traditional lawsuit, and attorney fees are often covered by the program even if the claim is not successful, as long as it was filed in good faith.

When Can You Sue Outside of the VICP?

There are rare situations where a vaccine-related lawsuit against a manufacturer or healthcare provider may still be possible. These include:

• Improper administration – If a healthcare provider administered the vaccine incorrectly, resulting in injury, you may be able to file a malpractice claim.
  
• Manufacturing defects – If there’s clear evidence the vaccine was defectively made and that defect caused harm, a traditional product liability case may be explored. However, these are extremely rare due to the protections in place.
  
• Claims excluded from VICP – If a vaccine is not covered by the VICP, or if the claim is rejected by the program, additional legal action may be considered depending on the facts of the case.

These cases can be complex and are best handled by an attorney with experience in vaccine injury law.

Common Vaccine Injuries Recognized by the VICP

The program recognizes a variety of vaccine-related injuries. Some of the most common include:

• Guillain-Barré Syndrome (GBS) – A rare neurological disorder often associated with the flu vaccine.
  
• Shoulder Injury Related to Vaccine Administration (SIRVA) – This happens when a vaccine is injected too high or too deep into the shoulder.
  
• Anaphylaxis – A severe allergic reaction that can occur shortly after receiving a vaccine.
  
• Chronic arthritis – Sometimes associated with the rubella portion of the MMR vaccine.
  
• Encephalopathy or encephalitis – Inflammation of the brain, occasionally linked to certain vaccines.

To qualify for compensation, the injury typically must occur within a specific time frame and meet certain criteria.

Filing a Vaccine Injury Claim in Biloxi

If you live in Biloxi and suspect that a vaccine caused your injury, it’s important to act quickly. The deadline to file a VICP claim is typically three years from the first symptom of the injury. If the injury resulted in death, the claim must be filed within two years of the date of death and no later than four years after the first symptoms of the vaccine-related condition.

Navigating this process requires gathering medical records, expert opinions, and detailed documentation. An experienced vaccine injury lawyer can help ensure your claim is thoroughly prepared and submitted on time.

How a Vaccine Injury Lawyer Can Help

Unlike typical injury claims, vaccine injury cases follow a unique legal process with its own rules and requirements. A vaccine injury lawyer can help by:

• Determining if your case qualifies for the VICP
  
• Gathering necessary medical documentation
  
• Filing the petition in the Court of Federal Claims
  
• Representing you throughout the legal proceedings
  
• Maximizing the potential value of your compensation

Most importantly, a qualified attorney can help you avoid costly mistakes and provide peace of mind during a difficult time.

Don’t Face a Vaccine Injury Alone — Let a Biloxi Vaccine Injury Lawyer Fight for You

Navigating a vaccine injury claim can be overwhelming, but you don’t have to face it alone. At Brown, Bass & Jeter, our vaccine injury lawyer is here to guide you every step of the way with the attention you deserve. If you believe a vaccine has caused you or your child harm, it’s important to act quickly to protect your rights. Call us at (601) 327-4024 to schedule your free consultation and find out how we can help you pursue the compensation you deserve.