While vaccines serve an essential public health function by preventing serious and potentially life threatening diseases like diphtheria, tetanus, measles, mumps, rubella and even influenza, these same vaccines can cause serious injuries and even death to a small number of people who receive them.

Such injuries include, but are not limited to, Guillain Barre Syndrome, anaphylaxis, encephalopathy, chronic arthritis, and Shoulder Injury Related to Vaccine Administration (SIRVA), such as adhesive capsulitis.

In 1988, the Congress created the National Vaccine Injury Compensation Program ("VICP") to ensure an adequate supply of vaccines at reasonable costs while at the same time providing an efficient mechanism to compensate people injured by vaccines.

The VICP is a no-fault alternative to the traditional tort system that allows injured people to make administrative claims instead of filing a lawsuit. The claims are decided by Administrative Law Judges and Special Masters employed by the United States Court of Federal Claims. While it is a no-fault system in that the injured party does not have to prove negligence, it is also an adversarial system where the Department of Justice represents the interests of the VICP and the injured party can be represented by an attorney of his or her own choosing.

The damages recoverable include past and future medical expenses, past and future lost wages and up to $250,000 for past and future pain and suffering. The VICP also pays for reasonable attorney's fees for claimants, so injured people do not have to pay their attorneys out of the money they are awarded in damages for their injuries.

Below is a table of VICP covered vaccines, the injuries resulting from the administration of such vaccines, and the time period in which the first symptom of onset of such injuries is to occur after vaccine administration in order to be eligible for compensation under the Program.

Vaccine Illness, Disability, or Injury Covered Time Period for First Symptom After Vaccine Administration
Vaccines containing tetanus toxoid (e.g., DTaP, DTP, DT, Td, or TT) Anaphylaxis or anaphylactic shock 4 hours
  Brachial Neuritis 2-28 days
  Shoulder Injury Related to Vaccine Administration ≤48 hours
Vaccines containing whole cell pertussis bacteria, extracted or partial cell pertussis bacteria, or specific pertussis antigen(s) (e.g., DTP, DTaP, P, DTP-Hib) Anaphylaxis or anaphylactic shock 4 hours
  Encephalopathy (or encephalitis) 72 hours
  Shoulder Injury Related to Vaccine Administration ≤48 hours
Measles, mumps, and rubella vaccine or any of its components (e.g., MMR, MR, M, R) Anaphylaxis or anaphylactic shock 4 hours
  Encephalopathy (or encephalitis) 5-15 days
  Shoulder Injury Related to Vaccine Administration ≤48 hours
Vaccines containing rubella virus (e.g., MMR, MR, R) Chronic arthritis 7-42 days
Vaccines containing measles virus (e.g., MMR, MR, R) Thrombocytopenic purpura 7-30 days
  Vaccine-Strain Measles Viral Infection in an immunodeficient recipient 6 months
Vaccines containing polio live virus (OPV) Paralytic Polio 30 days-6 months
  Vaccine-Strain Polio Viral Infection 30 days-6 months
Vaccines  containing polio inactivated virus (e.g., IPV) Anaphylaxis or anaphylactic shock 4 hours
  Shoulder Injury Related to Vaccine Administration ≤48 hours
Hepatitis B. vaccines Anaphylaxis or anaphylactic shock 4 hours
  Shoulder Injury Related to Vaccine Administration ≤48 hours
Seasonal influenza vaccines Anaphylaxis or anaphylactic shock ≤4 hours
  Shoulder Injury Related to Vaccine Administration ≤48 hours
  Guillain-Barré Syndrome 3-42 days

Why Faraci Lange Makes the Difference

At Faraci Lange, we have experience in analyzing, preparing and filing vaccine claims for injured people. These claims, while outside the traditional tort system, require the collection and preparation of voluminous documentation that can include all of an injured party's medical records, employment information and tax records.

Identification and selection of qualified expert witnesses on issues ranging from the diagnosis of vaccine-related injuries (like Guillain Barre Syndrome, anaphylaxis, encephalopathy, chronic arthritis and death), the causal connection between the vaccination and a given injury, and the economic impact of a vaccine injury, is also needed.

If you or a loved one has been injured by a vaccine or believe that you may have been, contact Faraci Lange and let our experienced vaccine injury attorneys help guide you through this complicated program.

Truly dedicated to Helping People Get Their Lives Back After a Tragic Accident..

Contact Us