Vaccine Law

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. 

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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Who may bring a claim?

Any person who has sustained a vaccine injury, the legal representative of such person if the person is disabled or a minor, or the legal representative of any person who died as the result of the administration of a covered vaccine may bring a claim. To be eligible to file a claim, the effects of the person’s injury must have: 

  • Lasted for more than six months; or 
  • Resulted in a hospital stay or surgery; or 
  • Resulted in death. 

Claims for compensation under the National Vaccine Injury Compensation Program set up by congress must be brought within 36 months of the date of the first symptom of injury, or the manifestation of onset of injury, or of the significant aggravation of a prior condition because of receiving a covered vaccine. 

The program compensates individuals on a no-fault basis, meaning that the claimant does not have to prove negligence. 

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 

How do I file a claim?

For more information on the specific information required to file a claim, contact Lommen Abdo.

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