Most people assume that a vaccine will ward off disease and ultimately save lives, but sometimes, a vaccine can cause serious harm to its recipient. Doctors are supposed to perform various tests on babies before they are vaccinated to determine whether it is safe to administer the vaccine to them. However, if they choose to go ahead and give the baby a shot without any validation, it may result in an allergic reaction in which the baby:
Has trouble breathing.
Develops brain damage or another short-term or long-term disability.
Some conditions may not show up for years down the road, only to be diagnosed at that point in time as a dormant side effect that did not appear until years after the treatment. The National Vaccine Injury Compensation Program was founded to provide assistance to people that are harmed by a vaccine due to the overseeing physician’s negligence.
Common vaccines that people receive throughout their lifetime include:
Hepatitis A, B, and C
Haemophilus Influenzae Type B
Influenza Japanese encephalitis
Poison (e.g., scorpions, snakes)
National Vaccine Injury Compensation Program
In order to reduce the responsibility that falls upon the shoulders of vaccine manufacturers and healthcare providers, the National Vaccine Injury Compensation Program was incorporated into the Childhood Vaccine Injury Act of 1986. The program reimburses people who have been harmed by a vaccine on a no-fault basis. In other words, anyone who files a claim does not have to show that the manufacturer or healthcare provider was negligent in any way in order to be compensated. The program also covers suggested preadolescent vaccines.
Settlements are calculated based on the Vaccine Injury Table, which categorizes the detrimental effects of vaccinations. The table was created by a group of experts who researched the undesirable symptoms believed to be caused by vaccines. Some of the injuries found on the table include anaphylaxis, paralytic polio, and encephalopathy. The convenience of the table allows it to weed out viable claims from the unrelated ones. As more information becomes available on the adverse effects of vaccines, the table is revised to stay as current as possible.
Victims are entitled to be compensated under three stipulations:
1. Prove that an injury located on the Vaccine Injury Table occurred within a designated time period from the date of immunization.
2. Prove that the vaccine is responsible for the condition.
3. Prove that the vaccine made an existing condition worse.
If you or a loved-one have been injured as a result of medical malpractice, we would be happy to review and evaluate your case. Please call us at 615-844-4034 or complete the Case Submission Form to the right.