Vaccine Law Minnesota + Wisconsin

Ensuring your well-being should be your top priority. It’s crucial to obtain an accurate diagnosis and suitable treatment. Don’t be afraid to do research. Schedule an appointment with your doctor and express your concerns if you suspect that you may have been injured by a vaccine. Additionally, it is essential to seek assistance from a specialized law firm like ours, experienced in representing individuals affected by vaccine injuries and other catastrophic injuries. 

Injuries caused by vaccines are covered under the Vaccine Injury Compensation Program, which is administered through the vaccine court, a part of the United States Court of Federal Claims based in Washington DC. Traditionally, vaccine attorneys who are specially certified in the program represent petitioners. The government is represented by the Department of Justice, and the claims are heard by special masters whose decisions can be appealed. It is worth noting that these cases are typically heard via telephone or Zoom, and do not require travel to Washington DC. 

If you believe you have a claim that falls within the vaccine court’s jurisdiction, we encourage you to contact our office. Our attorneys will discuss the type of vaccine you received, your symptoms, medical providers, and ongoing care, and assist you with filing your claim. Usually, we collect three years’ worth of medical records, and help you file your petition for your claim’s purposes. 

If you suspect that you have sustained an injury caused by a vaccine, we strongly advise you to contact our office right away. It is essential to be aware of the specific requirements for filing a vaccine injury claim in the vaccine court. Firstly, the vaccine must be a covered vaccine. Secondly, you need to have been experiencing ongoing symptoms for at least six months or have been hospitalized due to a surgical procedure. The vaccine must have been administered within the United States, or you must have received the vaccine while serving overseas as an active military member. Lastly, it is crucial to file your petition within three years from the onset of symptoms. 

The following vaccines are covered in the program: 

• Trivalent influenza vaccines (Flu vaccines) 
• Tetanus toxoid-containing vaccines 
• Pertussis antigen-containing vaccines 
• Measles, mumps and rubella virus-containing vaccines 
• Polio live virus-containing vaccines 
• Hepatitis B antigen-containing vaccines 
• Hemophilus influenzae 
• Varicella vaccine (Varivax chickenpox virus vaccine) 
• Rotavirus vaccine 
• Pneumococcal conjugate vaccines (only PCV-13 Prevnar 13) 
• Hepatitis A vaccines 
• Meningococcal vaccines 
• Human papillomavirus (HPV) vaccines 

Presently, the COVID-19 vaccines, as well as the new shingles vaccine Shingrix, are not eligible for vaccine court compensation. Additionally, the Pneumococcal polysaccharide vaccine, or PPSV23, is not covered by the program. 

A petitioner in the vaccine court has several avenues for compensation. These include pain and suffering damages, with a maximum cap of $250,000, as well as a death benefit. Additionally, wage loss benefits and reimbursement for out-of-pocket medical expenses are available. 

It is worth noting that attorney’s fees are not deducted from a petitioner’s compensation or damages, provided that the claims are filed with a reasonable basis.

The two most common types of vaccine injuries observed in vaccine court proceedings are shoulder injury related to vaccine administration (SIRVA), which occurs when the vaccine is injected too high on the shoulder, and Guillain-Barre syndrome (GBS), which is an autoimmune disorder. 

The Countermeasure Injury Compensation Program (CICP) is different from the Vaccine Court as it is administered by the Health and Human Services and not a court. One important point to note is that there is no right of appeal in the CICP. If you want to hire an attorney to help you file a claim, you will have to pay out of pocket for their services. 

The CICP covers a range of claims, with COVID-19 vaccine injury claims being the most common claim currently covered. Other claims covered include smallpox and nerve agents, radiation syndrome, among others. Claims must be filed within one year of receiving the vaccine, and the compensation is limited. Unlike the Vaccine Court, pain and suffering compensation is not available in the CICP. Instead, compensation is limited to out-of-pocket medical expenses and wage loss, which is capped each year at a different amount. 

The vaccines covered by the CICP are different from those covered by the vaccine court, including vaccines like the COVID-19 vaccine and rare diagnoses like anthrax, radiation sickness, and Ebola. Unlike the vaccine court, the CICP has very limited compensation available and does not provide compensation for pain and suffering. However, both the vaccine court and the CICP cover wage loss and out-of-pocket medical expenses. Another essential difference is that in the vaccine court, you have the right to an attorney who is specialized in that area and knows what they are doing, and attorney’s fees are reimbursed. If you want an attorney to help you file a claim in the CICP, you have to pay for their services out-of-pocket. 

Physicians should be aware of the steps to take if they suspect that one of their patients has been injured by a vaccine. First, they should identify the location of the vaccine injury. Then, they should contact an attorney who specializes in vaccine injury cases, such as Lommen Abdo, which has extensive experience handling vaccine injuries and other catastrophic injuries in the Twin Cities area. 

It’s crucial to note that there is no risk to patients in filing these claims. As long as there is a reasonable basis to file, the vaccine fund reimburses attorneys for fees and costs. This information is also important for physicians to be aware of when advising their patients.