In 2017, the Vaccine Injury Compensation Program amended the Vaccine Injury Table to include Guillain Barre Syndrome (GBS) as a vaccine injury associated with the annual flu shot. As of today, the influenza vaccine is the only vaccine listed on the Table with an association with GBS.
But what if you came down with GBS after receiving a different vaccination? Do you have a vaccine injury claim? Yes, you may.
As you may know, the Vaccine Injury Table lists injuries and conditions linked to vaccines on the childhood vaccination schedule. If your injury meets the criteria set forth in the Table, the VICP will presume that your injury was caused by the vaccine. For instance, you have a “Table case” if you developed GBS between 7 and 42 days after receiving a seasonal influenza vaccine.
Proving an “Off-Table” GBS vaccine injury case
However, if your vaccine injury case does not meet the criteria of the Table, you can still file a petition to receive compensation. If you have an injury that is not listed on the Table, you are not entitled to a presumption by the court that the vaccine caused the injury. Instead, you have to prove it. Most of the time, proving an “Off-Table case” will require an expert medical witness or report.
Let’s say you file a petition alleging that a Tdap vaccine triggered the onset of Guillain Barre Syndrome. This claim is considered an “Off-Table Case.” There is medical support for the link between GBS and the Tdap vaccine.
Over the years and across the globe, cases of GBS following the Tdap vaccine have been reported. These cases are extremely rare, and subsequent studies have shown the risk to be minuscule. Questions still remain regarding the incidence of Tdap-induced GBS.
To connect the dots between the Tdap vaccine and the onset of Guillain Barre Syndrome, your vaccine injury attorney would need to closely review your medical records and have them evaluated by a qualified medical expert. Even then, your case could be resolved on a disputed basis. This type of resolution happens when the Secretary of Health and Human Services (who manages the VICP) offers to resolve your case without conceding a connection between the Tdap vaccine and GBS.
Diagnosed with GBS after a vaccination? We can help
If you believe you have developed GBS from the Tdap combination vaccine, you may be entitled to compensation from a government program called the VICP.
Hiring an attorney to represent you after a vaccine reaction comes at no cost to you. Contact our vaccine injury lawyers today for a free case review at (312) 578-9501 or fill out the form at the bottom of this page to get started.
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