Vaccines have become a way of life in the modern world. Most of us have had at least one vaccine in our lifetimes, whether it was a polio vaccine, or measles, mumps, rubella (MMR) vaccine, or tetanus shot after an accident, many dangerous and fatal diseases have been eradicated because of the widespread, responsible use of vaccines. However, with any biologic product there are risks, and with widespread use, comes the possibility of something going wrong, whether a batch of vaccine was improperly prepared, either by the manufacturer, or local medical personnel; when it goes wrong, the results can be devastating.
History of Vaccination Lawsuits
In the 1980’s, the diphtheria/tetanus/pertussis (DTP) vaccine began to generate lawsuits due to harm and death caused to children who received the vaccine. Due to the verdicts of some of these lawsuits, some manufacturers were forced to stop production of various vaccine products, which had the potential to cause shortages of much needed vaccines.
The National Childhood Injury Act of 1986 became law, and in 1988 the National Vaccine Injury Compensation Program (VICP) mandated by 1986 law, was established to provide orderly compensation for those injured by vaccines. It provided a framework for filing claims against vaccine manufacturers and administering staff. The objective of the law was to keep a steady stream needed vaccines available, and at the same time provide for compensating parties injured by use of a vaccine.
This program is funded by a trust fund which derives revenue from an excise tax on juvenile vaccine manufacturers. Compensation to victims and attorneys’ fees are paid from this trust fund.
Vaccine Injuries to Children
The National Childhood Vaccine Injury Act of 1986 acknowledged that vaccines cause injuries and death and the families should be financially supported. Although originally focused on injuries to children, the law also applies to adults. This law set up a National Vaccine Injury Compensation Program (VICP) and established mandatory safety protocols. The law allows injured persons to bring lawsuit if compensation is insufficient or denied. The U.S. Court of Claims, as of 2012, has awarded $2.5 billion dollars to such victims.
Vaccinations and immunizations are important to society and save millions of lives each year by eradicating serious illnesses. However, they can cause harmful side effects. Potential serious side effects can be blood in the urine or stool, pneumonia, inflammation of the stomach or intestines, severe allergic reaction, seizures, high fevers, comas, brain damage, fainting, deafness, lowered consciousness, intussusception (bowel blockage) and organ failure.
- DTP – Diphtheria, Tetanus, Pertussis (Whooping Cough)
- Hepatitis A
- Hepatitis B
- HiB – Hemophilus Influenza type b
- HPV – Human papillomavirus
- MMR – Measles, Mumps, Rubella
- OPV – Polio
- Varicella (Chicken Pox)
- Pneumococcal conjugate
- Trivalent Influenza
How We Help
If you or someone in your family has been injured by a vaccination, we will represent you to bring your case to the proper court where your circumstances can be heard. Our services in this regard are not paid by you. Our fees are paid by the court from the Trust Fund, and are paid completely separately from your settlement. Call our office today to set up a no cost consultation to discuss your situation and our vaccination lawyers will review your potential case.