What steps should I take if I sustain an injury from a vaccine or experience a severe reaction?

If you've suffered an injury or had a serious reaction following a vaccination, it's important to act promptly to ensure your health and legal rights are protected. Here are the steps you should follow: Seek Medical Attention: Your immediate priority should be to get medical care. A healthcare professional can diagnose your condition, provide necessary treatment, and document your injury or reaction, which is crucial for any future legal action. Document Everything: Keep detailed records of your medical visits, treatments received, and how the injury or reaction affects your daily life. This documentation will be valuable if you decide to pursue a legal claim. Report the Injury: Submit a report to the Vaccine Adverse Event Reporting System (VAERS). This national system collects data on adverse reactions to vaccines and is a critical component of vaccine safety monitoring in the U.S. Consult with a Vaccine Injury Attorney: An attorney specialized in vaccine injury cases can offer you guidance on your legal options and the next steps to take, including whether you are eligible to file a claim under the Vaccine Injury Compensation Program (VICP).

Who is eligible to file a claim with the Vaccine Injury Compensation Program?

The VICP is designed to compensate individuals who have been injured by vaccines covered under the program. You may be eligible to file a claim if you are: An individual who received a vaccine covered by the VICP and believes you were injured as a result. A parent or legal guardian acting on behalf of a child or disabled adult who was injured by a vaccine. A legal representative of the estate of a deceased person who died as a result of a vaccine injury.

What compensation can be awarded in a vaccine injury lawsuit?

In vaccine injury cases adjudicated through the VICP, compensation may include: Medical and Rehabilitation Expenses: Costs for medical treatment, rehabilitation, and ongoing care related to the vaccine injury that are not covered by insurance. Lost Wages: Compensation for lost earnings due to the injury. Pain and Suffering: Awards for the physical and emotional distress caused by the vaccine injury, capped at $250,000 under the VICP. Death Benefit: In cases where the vaccine injury results in death, the program provides a death benefit to the estate of the deceased.

Can I file a lawsuit for a COVID-19 vaccine injury?

COVID-19 vaccine injury claims are handled differently from other vaccine injury claims under the VICP. As of the most recent guidelines, injuries from COVID-19 vaccines are evaluated under the Countermeasures Injury Compensation Program (CICP), which covers injuries from vaccines, medications, or devices used to treat or prevent diseases declared to be a public health emergency. To pursue a claim for a COVID-19 vaccine injury under the CICP, you would need to: Prove the Injury: Demonstrate that you sustained a serious physical injury as a direct result of receiving a COVID-19 vaccine. File within the Deadline: Submit your claim within the specified time frame after receiving the vaccine or after the onset of the injury. The process and criteria for compensation under the CICP can be complex, and the types of damages awarded may differ from those in the VICP. Consulting with a lawyer experienced in vaccine injury claims is crucial to navigating this process effectively.

What is the most common vaccine injury?

The most frequently reported adverse effect following vaccine administration is SIRVA, or Shoulder Injury Related to Vaccine Administration. These adverse reactions can range from acute shoulder and upper arm pain to more severe conditions such as persistent swelling, tenderness at the injection site, formation of lumps or nodules, nerve damage near the injection area, injuries to the rotator cuff, adhesive capsulitis (commonly known as frozen shoulder), and brachial neuritis. Such injuries can occur with any vaccination and are collectively referred to due to their commonality.

Can you sue for SIRVA?

Yes, individuals who experience a shoulder injury as a result of vaccine administration, referred to as SIRVA, are eligible to seek financial compensation through legal channels. This process begins with filing a claim against the VICP in the U.S. Court of Federal Claims. The legal system offers a pathway for those affected to recover damages for their injuries.

How long do SIRVA cases take to reach a settlement?

The duration required to resolve a SIRVA claim varies widely based on factors such as the injury's severity, the case's complexity, the clarity regarding who is at fault, and the disputed compensation amount. On average, the resolution of most claims occurs within 12 to 14 months. However, some cases may be settled more swiftly, while others could extend over several years, depending on the individual circumstances.

What is the average payout for SIRVA claims?

The average compensation for SIRVA claims stands at approximately $80,000. It's crucial to recognize, however, that the specifics of each case differ greatly. Consequently, the settlement amount is heavily influenced by the individual circumstances surrounding each case.

How can I prove that I have SIRVA?

To qualify for compensation, one must have received a vaccine covered under the VICP and subsequently developed a recognized injury within a specified timeframe. Filing a claim for SIRVA requires submitting a petition to the VICP along with supporting documents, which include medical records and proof of vaccine administration, to substantiate the claim.

Category: Case Investigations | Page 2 | Pond Lehocky Giordano LLP

Vaccine Injury Attorneys for SIRVA & More

by Thomas J. Giordano, Jr. | Feb 23, 2024 | Case Investigations

Vaccines play a crucial role in protecting public health by preventing the spread of infectious diseases. While vaccines are generally safe and effective, there are rare instances where individuals may experience adverse reactions or injuries as a result of...

Ozempic Lawsuit Lawyers Hold Weight Loss Drug Companies Accountable

by Thomas J. Giordano, Jr. | Feb 19, 2024 | Case Investigations

The legal team at Pond Lehocky Giordano is currently investigating reports that the manufacturers of the drugs Ozempic, Wegovy, Mounjaro, Rybelsus, and Saxenda failed to provide adequate warnings to patients and doctors about their potential gastrointestinal side...

Lawyers Investigate Salmonella Outbreak Lawsuit

by Thomas J. Giordano, Jr. | Jan 26, 2024 | Case Investigations

For many, charcuterie boards are an indulgent treat. However, an alarming Salmonella outbreak has recently been linked to charcuterie meats sold at Sam’s Club and Costco, raising serious concerns about food safety and consumer health. As of January 25th, 2024, the...

Should I Hire a Food Poisoning Lawyer?

by Thomas J. Giordano, Jr. | Jan 19, 2024 | Case Investigations

In the hustle and bustle of our everyday lives, we often take for granted the safety of the food we consume. However, when this basic trust is broken, the consequences can be dire, leading to severe illness or even long-term health complications. If you’ve...

Hernia Mesh Lawyers: Behind the Class Action Lawsuit

by Pond Lehocky Giordano | Nov 22, 2023 | Case Investigations

Pond Lehocky Giordano is investigating injury claims on behalf of individuals who received hernia repair via surgically implanted meshes or patches. You may be eligible to file a lawsuit if you’ve experienced significant injuries due to a hernia mesh procedure...

Applesauce Contamination Recall Lawsuits

by Pond Lehocky Giordano | Nov 8, 2023 | Case Investigations

The product liability lawyers at Pond Lehocky Giordano are currently investigating injury claims on behalf of individuals who have bought and consumed applesauce or fruit puree pouches that have been contaminated with lead. As of November 6th, 2023, the US Food and...