Patients Ask: Can I Get Compensation for a Vaccine Injury?


Both children and adults are asked to follow a certain schedule of vaccines to protect ourselves and vulnerable individuals around us from dangerous and/or highly infectious diseases like the seasonal flu, pneumonia, chickenpox, measles, and even polio. Vaccines were created for public safety—but, like with all medical treatments, injuries to patients sometimes occur.

In recognition of this problem, the National Vaccine Injury Program was created by the U.S. government to pay for known and documented vaccine-related injuries. Funded by vaccine manufacturers in exchange for immunity from civil suit, the National Vaccine Injury Program compensates the victims of vaccine injuries for the following types of damages:

  • Medical expenses related to the vaccine (past and future)
  • Lost wages
  • Pain and suffering/emotional distress
  • Wrongful death

The program also pays attorney and expert witness fees; thus, unlike personal injury cases filed in the civil court system, victims of vaccine injuries will keep the full amount of the monetary compensation awarded.

As an American, you have the right to compensation if you’ve been injured by a common vaccine. Sadly, too many people have no idea the National Vaccine Injury Compensation Program (NVICP) even exists. We urge you to learn more if you think you might have a claim. It could provide the help you and your family need to get through the challenges caused by an injurious vaccine.

Why Do Vaccine Injuries Happen?

Physical Harm from Injection

Vaccine injury can be caused either by the ingredients in the injection or the way your dose has been administered. A significant percentage of injury claims brought to the NVICP are made by patients whose shoulders were injured by vaccines. This may sound trivial compared to the serious, even fatal, conditions that others may endure, but losing the function of one of your arms, even temporarily, is highly disruptive, and often very painful. Physical therapy or surgical interventions may be necessary for someone injured in this way to recover. Anyone who has suffered shoulder pain or loss of range of motion after administration of a vaccine likely has a legitimate claim for compensation through the NVICP.

Immune Reactions

Our immune systems may also overreact to inoculation, though doctors do not understand why this happens. An increased risk of conditions like Guillain-Barré Syndrome (GBS) have been seen in patients receiving seasonal flu vaccines. Guillain-Barré syndrome (GBS) is a rare disorder where the body’s immune system damages nerve cells, causing muscle weakness and sometimes paralysis. While a GBS diagnosis after a flu vaccine is rare, when it happens, it is serious.

Thankfully, GBS can be treated and typically subsides over time. However, patients can lose months of their lives to disorders like this. The NVICP will evaluate these types of claims, and may award monetary compensation to make up for the losses, and pain & suffering, you or your loved one endured due to the injury.

Our Vaccine Injury Program Could Help You and Your Family

We urge you to reach out to our team if you think a vaccine caused you injury. The NVICP does not cover all vaccines or all injuries. Our team can evaluate your case to determine whether initiating a claim by filing a Petition in the U.S. Court of Federal Claims is appropriate.

How Vaccine Court Differs from Personal Injury Cases

If we think you have a valid NVICP claim, our team at Wilson Law, P.A. will walk you through the process, gather all the evidence including your medical records, review your records and file a Petition on your behalf . Unlike civil courts, where a claimant must prove liability, causation and damages, the vaccine court evaluates your Petition under the presumption that the vaccine caused your injury if you have a “table” vaccine and a “table” injury. It’s largely a no-fault, non-adversarial system. However, you will have to provide evidence to support your claim (such as medical records and witness testimony) but will not have to prove liability. This means the process is much simpler and quicker than a typical personal injury claim in filed in the civil court—this is important to anyone who needs compensation to help with an injury.

However, sometimes the U.S. Government will reject the assertion that the vaccine caused the injury; or, an injury caused by a vaccine is not a “table” injury. Our team at Wilson Law, P.A. can evaluate and handle those situations as well.

Not all claims are accepted, so it is important to have an experienced vaccine lawyer protecting your interests.

If your claim is ultimately accepted, you will receive compensation for your damages and the NVICP will pay our fees for representing you. That means your settlement is 100% yours. You can learn more about the process from our Vaccine Injury Program FAQ.

Do You Think You Have a Case?

Though we are advocates of vaccines, our team is here to fight for those who sustained an injury after receiving a vaccination. We urge anyone who has been injured as a result of a vaccine to contact Wilson Law, P.A. for a free and private consultation.

Contact our vaccine injury attorney at (919) 800-0919 with your case, or send us a message online. We can help you navigate a vaccine injury claim with the government.

Related Posts
  • Seeking Compensation for a Shoulder Injury in Vaccine Court: A Step-By-Step Guide Read More