Vaccine Injury Lawyer

Vaccinations provide critical protection against specific diseases. Tragically, some people react negatively to certain vaccines. In some cases, vaccinations cause severe and permanent health consequences, and some can even be fatal.

If you or a loved one suffered a significant injury caused by a vaccine, you could collect financial compensation with the help of a knowledgeable attorney. An experienced vaccine injury lawyer could assess the circumstances surrounding an injury and recommend an effective legal strategy in your specific case.

Types of Vaccine Injuries

Before a vaccine reaches the public, the FDA evaluates its safety. The agency determines whether it effectively prevents a specific disease and if its benefits outweigh the risks of side effects. Many vaccines cause minor side effects in some people. However, some vaccines have had a severely negative impact on some recipients’ health.

Established by the federal government, the National Vaccine Injury Compensation Program (NVICP) provides financial settlements to individuals who suffered significant health impacts after receiving a vaccine. The program includes payment for specific vaccines and health effects related to them. Injured people are eligible for a settlement if they suffered the effects of a vaccine injury for at least six months. Vaccine injuries covered by the program include, but are not limited to:

  • Anaphylaxis
  • Brachial neuritis
  • Encephalitis
  • Encephalopathy
  • Guillain-Barre Syndrome
  • Measles
  • Polio
  • Shoulder injury related to vaccine administration
  • Vasovagal syncope

Anyone suffering health effects after receiving a vaccine should consult a local attorney as soon as possible. A legal professional could explain whether the individual’s injury expenses are covered by the NVICP and if they are eligible to pursue a product liability action against a vaccine manufacturer.

Legal Remedies When NVICP Does Not Apply

Any vaccine could cause an injury, not just the vaccines that the NVICP covers. Likewise, many injuries that people suffer do not come within the purview of the NVICP. If an injury is not covered under NVICP, an individual must pursue other legal remedies to get compensation for the harm the vaccine caused.

Negligence Actions

When an injured plaintiff can demonstrate that a manufacturer did not prevent harm to vaccine recipients, they can file a negligence lawsuit. Proof of carelessness might include evidence that the manufacturer did not conduct adequate pre-marketing testing, manipulated test data, or exaggerated the vaccine’s effectiveness. A plaintiff must also demonstrate that the harm they suffered was a direct result of a defendant’s lack of reasonable care.

Product Liability Actions

A plaintiff does not need to prove negligence if they can demonstrate a vaccine’s defectiveness. A plaintiff must present proof that a product was defective because of one of the following issues:

  • Its design was unreasonably dangerous, while less dangerous designs were economically feasible
  • A manufacturing error caused an anomaly within an entire production line
  • Its label fails to provide sufficient warning of the vaccine’s dangers

If a plaintiff presents convincing evidence of a vaccine’s defects, they are not required to demonstrate that the manufacturer was aware of the problem before putting it on the market. However, they must still connect their injuries to the effects of a vaccine.

Mass Torts

Establishing proof in a negligence or product liability action against a vaccine manufacturer is a labor-intensive process that requires expert analysis. Often, these professional opinions can become costly. One way to manage the expenses of a lawsuit is to join a mass tort case, often called multi-district litigation.

When several plaintiffs sue the same manufacturer alleging various injuries, a court may consolidate multiple individual cases into a mass tort. The plaintiffs must collectively prove that a manufacturer was negligent or that the product was defective in at least one instance. When the injured parties have established that the manufacturer is liable, each plaintiff can offer proof tying their condition to receiving the vaccine. Additionally, injured parties can submit proof of their losses including medical bills and lost income.

Taking part in a mass tort is a cost-effective way for a plaintiff to hold a manufacturer liable in court. A skilled local attorney could advise an individual on whether joining a mass tort to pursue damages for a vaccine injury is the best option for them.

 Pursue Damages for Your Vaccine Injury With a Seasoned Attorney

If a vaccine injury impacted you or your family members, consider filing a legal claim against the manufacturer. You could receive compensation for your medical expenses, lost time at work, pain, suffering, and future losses related to the injury.

A vaccine injury lawyer could devise an effective legal strategy and build a strong case on your behalf. Schedule a consultation with an experienced legal professional today.