How Do You Prove a Vaccine Injury?
There are several ways you can prove a vaccine injury, including presenting medical records and witness testimony to the United States Court of Federal Claims. However, you may not have to go that far to get compensation.
Pharmaceutical manufacturers design immunizations to save lives, but sometimes they can cause side effects, such as allergic reactions. If you or your child have experienced a vaccine injury, keep reading to learn how our law firm could prove your case and help you get the compensation you deserve.
What Evidence Is Needed?
Just like any personal injury case, you, as the petitioner, may need to prove your claim in court. Evidence such as medical records or expert witness testimony could show that the inoculation caused your condition. Thankfully, that in-depth legal process is often reserved for injuries from immunizations that do not meet the requirements set by government agencies.
That is good news if you or a loved one has suffered an injury after an inoculation. Former President Ronald Reagan instituted the National Vaccine Injury Compensation Program (VICP) in 1986. This no-fault alternative to the traditional tort legal system makes proving your claim much easier.
If you first notice symptoms within the specified periods and your injury meets the definition in the Vaccine Injury Table, the VICP would likely conclude that the inoculation caused the injury. That’s it. You do not have to prove anything more. This policy also applies to covered vaccines that are used “off-label” or differently than the Centers for Disease Control and Prevention (CDC) recommends.
Which Vaccines Are Covered?
It is natural to worry about your child’s health, and the last thing you want is for them to be harmed by a vaccine. Most people tolerate inoculations well, but some may develop mild to severe symptoms.
Thankfully, the VICP covers most immunizations routinely given in the U.S., as long as the CDC recommends the medication for routine administration to children or pregnant women. The vaccine must also be subject to a federal excise tax, as that is how the program raises funds for compensation.
Where Does Compensation Come From?
The VICP provides financial compensation to those who file a petition and are found to have been harmed by a covered vaccine. Regardless of age, you can file a petition if you believe you or a loved one has been harmed by an inoculation. As a parent or legal guardian, you may file on behalf of your children, a disabled adult, or someone who is already deceased.
Contact a Vaccine Injury Attorney Today
If you or a loved one has suffered a vaccine injury, navigating the legal process can be daunting. Experienced attorneys at Price Benowitz could guide you through filing a petition and seeking the compensation you deserve for medical expenses and physical and emotional damages.
Contact us today for a free case evaluation to learn more about how we could help you prove your vaccine injury claim.
