FAQ: What Should I Do After a Vaccine Injury?
For many, vaccines are safe; they save lives by preventing diseases in the people who receive them. However, they sometimes cause adverse reactions and injuries, such as transverse myelitis and encephalitis.
In this article, we will explore four steps you should take following a vaccine injury to guarantee you get the compensation you deserve from the Vaccine Injury Compensation Program (VICP).
1. Seek medical treatment immediately
If you or someone you love is experiencing a vaccine-related injury, please seek medical treatment immediately. These adverse side effects appear within hours to days after vaccination. Keep track of your medical records and document the vaccine-related injury as best you can. Take any photos or videos that show the extent of your injury. The more information you have, the easier it will be to prove that the vaccine you received caused your injury.
2. Make sure you’re eligible to file with the VICP
Before you file a claim with the VICP, it is important to know if you are eligible for compensation.
First, the vaccine you received must be covered by the VICP.4 Most vaccines given to children are covered by the program. Vaccinations exclusively given to adults, such as shingles, non-seasonal flu, and pneumococcal polysaccharide vaccines, are not covered under the VICP.2 You can view a full list of covered vaccines and their side effects in the Vaccine Injury Table.3
Next, you can file a petition when the effects of the injury meet the following criteria:
- Lasted more than 6 months after the vaccination; or
- Resulted in inpatient hospitalization and surgical intervention; or
- Resulted in death.4
3. Be aware of filing deadlines and the statute of limitations
In order to qualify for compensation from the VICP, you must file your case by a certain deadline. Depending on your situation, you must file your petition with the U.S. Court of Federal Claims within the following timelines.
If you or someone you love suffered a vaccine injury, you must file within 3 years after the first symptom or manifestation of onset of the injury.4
Even if you don’t know that your injury was caused by a vaccine, you still have to file your case within three years after you were diagnosed with the injury.
For a death, you must file within 2 years of the death and within 4 years of the onset of the injury.4
If the Vaccine Injury Table is changed and the revision makes a petitioner eligible to seek compensation, you have 2 years to file after the change for injuries or deaths that occurred up to 8 years before the Table change.4
4. Contact a vaccine injury lawyer for help
If a vaccine has injured you or someone you love, it can be stressful to file a petition with the VICP by yourself. At Shannon Law Group, P.C., our attorneys are ready to file your vaccine injury case at no cost to you. We will not only shoulder the burden of your case but also make your life as stress-free as possible.
For a free case review, please call us at (312) 578-9501 or toll-free at (866) 881-9980. You can also fill out our online contact form.