Vaccine Law Minnesota + Wisconsin

Attention to detail, vast experience, a client-focused approach and the care and empathy you deserve – this is what sets our attorneys apart. While vaccine injuries are rare, they do occur and you need the legal help of a licensed attorney to ensure your claim is filed correctly. 

Minnesota and Wisconsin Experienced Vaccine Law Attorneys

Children and adults are safely vaccinated every day against illnesses.  Most people who get vaccinations have no serious problems.  However, vaccines, like any medicines, can occasionally cause serious problems. 

Congress set up a no-fault program to compensate those persons injured by receiving vaccines.  It’s called the National Vaccine Injury Compensation Program.  Claims are filed with the United States Court of Federal Claims where they are reviewed and decided by Special Masters appointed by the Court.  Attorney Kathleen Loucks is licensed to handle your claims in this court.  Certain conditions have been linked to specific types of vaccinations. 

Conditions often associated with vaccine injuries: 

  • Anaphylaxis or anaphylactic shock 
  • Brachial neuritis 
  • Encephalopathy or encephalitis 
  • Chronic immune demyelinating polyneuropathy (CIDP) 
  • Acute demyelinating encephalopathic myopathy (ADEM) 
  • Guillain-Barré syndrome (GBS) 
  • Other demyelinating central nervous system disorders or peripheral nervous system disorders 
  • Parsonage Turner Syndrome (brachial neuritis) 
  • Shoulder Injury Related to Vaccine Administration (SIRVA) 
  • Transverse Myelitis  

National Vaccine Injury Compensation Program

The National Childhood Vaccine Injury Act of 1986 established the National Vaccine Injury Compensation program. This is a no-fault program, meaning the injured party does not have to prove negligence. 

You may file a claim with this program either online here or through the mail (see FAQs for more information). Dealing with a vaccine injury can be hard enough, and our legal team is here to help step in, assist you in filing your claim to this program and take care of the legal details while you heal.  The following vaccines are covered by this 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 

When a Vaccine Causes Serious Injury

Vaccines are generally safe and prevent the spread of disease. But for some individuals, vaccines can cause injury. The injury may appear immediately after the vaccine is given, or the injury may not appear for years. Children and adults can be injured by vaccines. 

While injuries from vaccines are rare, doctors need to be aware of the symptoms so that patients can receive appropriate care and financial compensation. Through the National Vaccine Injury Compensation Program, vaccine manufacturers contribute to a fund to compensate children and adults with verified vaccine injuries.  

It can be difficult to deal with vaccine health problems and, at the same time, explore the legal options available. Lommen Abdo lawyers have been in the forefront in efforts to obtain justice for those injured by vaccines. 

Commonly Asked Questions

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What are the recommended steps if you experienced an injury after receiving a recent vaccine?

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. 

What is vaccine court? How does it operate and what does it mean for vaccine injury claims?

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. 

What does it take to file a claim in vaccine court?

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. 

Which vaccines are covered by the National Vaccine Injury Compensation Program?

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 

Which vaccines are excluded from the coverage in vaccine court?

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. 

How does the vaccine court system compensate for vaccine injuries?

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.

What are the most common types of vaccine injuries seen in vaccine court proceedings?

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. 

How does the Countermeasure Injury Compensation Program (CICP) work, and what types of injuries and losses does it cover?

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. 

How does the Countermeasure Injury Compensation Program (CICP) differ from vaccine court in compensating for injuries caused by vaccines?

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. 

How can Lommen Abdo assist physicians in referring patients who have suffered vaccine injuries?

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. 

Vaccine Law Videos

What should I do if I think I’ve been injured by a recent vaccine I had?

What is the vaccine court and how does it work?

What are the requirements of filing a claim in vaccine court?

What type of compensation is available through the vaccine court?

What type of injuries do you see most often in vaccine court?

What vaccines are not covered in vaccine court?

What is the Countermeasure Injury Compensation Program (CICP)?

What is the difference between CICP and vaccine court?

What do physicians need to know about referring vaccine injured patients?

What is vaccine injury law?

When should you contact an experienced vaccine lawyer?

What should I look for in choosing a lawyer to handle my vaccine-related injury? 

What are the recoverable damages from vaccine injury? 

What is the process like for the filing of a claim for a vaccine injury?

What is the National Vaccine Injury Compensation Program (NVICP)? 

Why was the NVICP (National Vaccine Injury Compensation Program) created? 

Are all vaccines covered under the NVICP program? 

What are time limits for filing claims in vaccine injury matters? 

News + Articles

Child Entitled to Damages for Adverse Vaccine Reaction

2015 UPDATE: Read about the decision of the Federal Circuit Court of Appeals. Seven years after the petition for compensation was filed on behalf of minor Karl Paluck for injuries he sustained following receipt of five vaccines, he has won his right to compensation....

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