Vaccinations have eradicated many harmful diseases in the United States. If you have reason to believe that you or your child has been injured by a vaccine, it is important to seek the guidance of a skilled Syracuse medical malpractice attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping our clients get the compensation they deserve for their harm.
Most of the time, vaccines function as intended by enhancing the immune system’s ability to fight off disease. However, in some cases, vaccines can do more harm than good. While the majority of vaccines often present mild side effects, such as fever, nausea and body aches, some may present more serious problems in certain individuals. About 1 in 100 people report experiencing more serious issues within six months of receiving a vaccination, such as:
- Blood in urine or stool;
- Inflammation of the stomach or intestines;
- High fever;
- Swelling, severe pain and/or bleeding in the arm where the shot was administered.
For these reasons, the United States Department of Health and Human Services has a Vaccine Injury Compensation Program (VICP) that helps victims secure financial compensation if they have been injured due to a vaccine covered within the program. In fact, the NVIC requires all vaccine-related injury or death claims to be pursued through the compensation program. Civil suits are not permitted. Vaccines covered by the program include, but are not limited, to:
- Gardasil/human papillomavirus (HPV)
- Hepatitis A (HAV)
- Hepatitis B (HBV)
- Diptheria, tetanus, pertussis (DTP, DTaP, DT, Td or TT)
- Measles, mumbs, rubella (MMR, MR, M, R)
- Meningococcal (MCV4, MPSV4)
- Polio (OPV or IPV)
- Pneumococcal conjugate (PCV)
- Varicella/chicken pox
Of course, the list above is not exhaustive. As new vaccines are covered, they are added to the VICP. It is important to note that only certain vaccines and certain injuries are compensable under the program.
If you have been injured because of a vaccine under the program, you may have a valid claim for those injuries. To recover compensation, the injured person must establish one of following: the injury is recognized by VICP and there is no greater evidence of the injury being caused by something other than the vaccine; the vaccine actually caused the condition; or the vaccine significantly aggravated a pre-existing condition. The program is no-fault, which means the injured party does not need to prove malpractice on the part of the medical professional who wrote the prescription or administered the shot.
If you or a loved one has been injured by a vaccination, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse medical malpractice attorneys can help. We will thoroughly examine the facts of your case and help you understand your legal options. We understand that dealing with a medical injury can be incredibly stressful. This is why we will handle your case with the utmost compassion. For a case evaluation, please feel free to call us at 315-479-9000 or contacting us online.
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