Vaccines are designed to protect the population from the risk of catastrophic injury, serious illness, or death related to dangerous viruses. While millions of vaccines are safely administered in this country, a small percentage result in preventable injury. Statistics are of little consolation when your family is affected. You need the help of a compassionate, knowledgeable, and experienced vaccine injury lawyer to help you obtain compensation, hold negligent parties accountable, and receive the peace of mind you need to move on from this nightmare.


Showard Law Firm offers free consultations with vaccine injury plaintiffs. We work on a contingency basis, meaning you need not worry about paying attorney’s fees until we secure compensation on your behalf. In most cases, national vaccine injury programs cover the cost of litigation.


Do You Need a Vaccine Injury Lawyer?


You may require assistance from a vaccine injury lawyer if:


  • You required hospitalization or surgery within 36 months of receiving a vaccine.
  • You were gravely ill for at least six months within 36 months of receiving a vaccine.
  • A loved one died within 48 months of an adverse vaccine reaction, and it has been less than two years.
  • You have received no previous vaccine injury settlements.


Vaccine courts have their own rules and procedures, which is why it’s crucial to work with an attorney who has experience handling this type of claim.


Can You Sue for a Vaccine Injury?


There are two different programs designed to compensate individuals with vaccine injury claims:


  • The National Vaccine Injury Compensation Program (NVICP) – which covers most vaccines, particularly all routinely recommended shots for children and the flu vaccine


  • The Countermeasures Injury Compensation Program (CICP) – covers “emergency declaration” vaccines like the Anthrax vaccine of the early 2000s, the H1N1 flu vaccine in 2012, and more recent COVID-19 vaccines


While these programs are often a first resource, they are by no means effective at covering every case. Some of the less commonly used vaccines (for adenovirus, shingles, rabies, tuberculosis, Japanese encephalitis, or yellow fever) may not be covered by either program.


It is possible to explore a remedy through the civil court system with the help of a vaccine injury lawyer. In most cases, you need only show you suffered a known reaction from the vaccine injury table within an acceptable timeframe. However, less common reactions must be accompanied by expert medical testimony to be considered in court. A vaccine injury law firm often has medical experts on retainer, ready to testify on a client’s behalf.


How Do Vaccine Injuries Occur?


Many clients come to us concerned that an adverse health event and a recent vaccination are somehow correlated, though the exact mechanisms remain a mystery. A vaccine injury law firm has the investigative resources to help you get to the bottom of what exactly happened and why, to the best extent possible.


Past case studies reveal vaccine injuries arising from:


  • Allergies to one or more components in the vaccine
  • Contamination due to manufacturer error
  • Incorrect ingredient ratios
  • Improper vaccine administering or overdosing
  • Poor injection technique
  • Failure to check with the patient regarding medication contraindications


When Do Vaccine Injuries Occur?


According to Health Resources and Services Administration (HRSA), timing is important for vaccine injuries. Some reactions– like nausea and fainting– arise within an hour of receiving a vaccine. Anaphylaxis generally occurs within one to four hours. Other reactions such as shoulder injuries, chronic arthritis, encephalitis, or decreased platelet count may not show up for days or weeks. In addition, other effects– such as intestinal intussusception, brachial neuritis, immune-deficient response, or Guillain-Barré Syndrome– may appear more than a month later.


What Compensation Is Available for Vaccine Injuries?


Plaintiffs, LawPracticeCLE’s 2021 Edition of Vaccine Injury Compensation, may seek multiple damages, including:


  • Past and future medical bills, including the cost of doctor’s visits, surgeries, hospital stays, ambulance transport, medication, home care, special equipment, and therapies.
  • Lost earnings from time taken off work to recuperate or diminished earning capacity.
  • Up to $250K for an estimation of pain and suffering experienced.
  • Up to $250K in untimely death benefits for the loss of a loved one.
  • Attorney fees for prevailing or losing parties, so long as the claim was not deemed “frivolous.”


Do Vaccine Injuries Result in Settlements or Jury Awards?


The vast majority of vaccine injury claims never make it to trial. Almost 80% of cases arise from an out-of-court settlement negotiated between the plaintiff and defense counsels. The defendant will consider prior decisions, as well as the time and expense necessary to litigate, in deciding whether to settle or pursue a defense. Plaintiffs unsatisfied with their results may always file with the Court of Appeals for another chance at a better outcome. Sometimes, it is possible to prove a medical practitioner was not following a standard of care, even though the vaccine itself was not harmful.


What are the Most Common Vaccine Lawsuits?


LawPracticeCLE’s 2021 Edition of Vaccine Injury Compensation also reports that from 2006-2019, there were:


  • 641 TDAP vaccine lawsuits – of which 531 received compensation.
  • 154 pneumococcal conjugate lawsuits – of which 94 received compensation.
  • 112 TD vaccine lawsuits – of which 84 received compensation.
  • 85 Tetanus vaccine lawsuits – of which 64 received compensation.
  • 73 Varicella vaccine lawsuits — of which 48 received compensation.
  • 67 Rotavirus vaccine lawsuits – of which 48 received compensation.
  • 45 MMR-varicella vaccine lawsuits – of 26 which received compensation.


Further statistics from the above source also state that another 47 claims were nonqualified and 599 were non-specified, bringing the total to 5,906 compensated claims out of 8,344 filed. Though the past is no guarantee of future success, the odds of achieving a favorable outcome skew toward the plaintiffs. More than $4.5 trillion has been paid out through the vaccine programs over the past five years.


Do Vaccines Cause Autism?


In recent years, there has been some controversy surrounding vaccines potentially linked to autism. While thousands of reports were filed, the courts found no definitive causation. Research indicates there is no single cause of autism, and studies are ongoing. In recent months, research has identified connections between maternal use of SSRI antidepressants, acetaminophen, and B2AR agonist asthma drugs and increased likelihood of giving birth to a child diagnosed with autism.


If you have questions about recent investigations or court decisions, contact a vaccine injury lawyer for a free consultation to discuss your circumstances and determine whether it’s worth pursuing legal action.


Can I Sue for a COVID-19 Vaccine Injury?


People who believe they have been harmed by a COVID-19 shot have just one year from the date of receiving the vaccine to file a claim. Compensation is only available for plaintiffs who suffered “serious injury.” Many of these claims will be agency-determined, so a lawyer may not be necessary, but you are welcome to call Showard Law Firm to learn about the process. In some jurisdictions, vaccines may be covered by Workers’ Comp if an employer-mandated the vaccination as a condition for continued employment.


The Path to Compensation


The path to compensation can be very complex. For instance, military personnel have their own vaccine injury compensation system. Claims may arise against vaccine manufacturers as a product liability lawsuit or against administrators under medical malpractice theory. Counterfeit vaccine injuries may be eligible for a criminal lawsuit. Every case is based on its own unique set of facts and circumstances, so it’s best to consult with an attorney to decide what steps to take next.


Contact Showard Law Firm for a Free Consultation


You are not alone on this journey. We’ve helped families just like yours seek restitution. Contact us to discuss a potential claim for compensation. There is no obligation to file a lawsuit, but the window for claims can be short, so it’s best to seek counsel as soon as possible to have every option available to you.


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