Although the vast majority of people who receive vaccines do not suffer any adverse effects, some individuals do have side effects. Most people who experience side effects from vaccines have only minor complaints, such as soreness at the injection site. In rare instances, a patient who received a vaccine experiences a severe complication, such as an allergic reaction, that can cause serious and permanent injuries, and even death.
If your child was injured after being vaccinated, your family may have been confronted with a shocking and devastating series of events. Your healthy child may have suddenly been hospitalized and may have suffered serious injuries that may affect him or her for a lifetime. You may be struggling to figure out how your family will pay for medical treatments, long-term rehabilitative care, and other costs that your health insurance policy may not cover. You or your spouse may have had to quit your job to care for your child full-time, further adding to the financial stress. In addition, you may be trying to come to grips with the pain of knowing that your vibrant young child will not grow up to live the life you had envisioned.
A Los Angeles pediatric immunization malpractice lawyer may be able to help your family seek justice. Pintas & Mullins Law Firm may be able to pursue a financial award on behalf of your child who was injured by a vaccine. Call our office at (800) 794-0444 to discuss your case with a member of our staff today.
How Your Family May Be Able to Seek Justice
Vaccines are safe for most people and having the vast majority of the population vaccinated can produce herd immunity that can protect those who are not or cannot be vaccinated from serious illnesses. The federal government has therefore taken steps to shield vaccine manufacturers from liability for damages that might cause them to go out of business or that might make them decide not to produce vaccines.
According to 42 USC 300 aa-22, a vaccine manufacturer may not be held liable for damages for a vaccine-related injury or death that occurred due to unavoidable side effects. In 2011, in Bruesewitz v. Wyeth LLC, the U.S. Supreme Court concluded that federal law shields vaccine makers from product liability lawsuits filed in state courts for deaths or injuries. According to the Supreme Court, the National Childhood Vaccine Injury Act of 1986 did not mention defective design among the grounds for liability.
There is another avenue available for people who were injured by vaccines to seek compensation for their damages. The National Vaccine Injury Compensation Program (NVICP) was created in the 1980s to compensate people who were harmed by vaccines and their families.
Before the NVICP was created, victims of vaccine injuries sued the vaccine manufacturers, doctors who administered vaccines, and other parties, with mixed results. The NVICP was established out of concern that numerous lawsuits against vaccine manufacturers and healthcare providers could lead to vaccine shortages, lower vaccination rates, and a resurgence in dangerous and preventable illnesses.
The NVICP shielded vaccine makers and healthcare providers from liability and set up a trust fund to compensate people who were injured. It created a clear process for victims and their families to follow and set guidelines regarding the vaccines and injuries that were eligible for compensation. That information is included in a table, which is updated from time to time.
The NVICP only compensates victims for injuries related to vaccines that are included in the Vaccine Injury Table. The 2005 Public Readiness and Emergency Preparedness Act (PREP Act) applies to other vaccines, including ones that may be used during a declared public health emergency.
If your child was injured after receiving a vaccine, a Los Angeles pediatric immunization malpractice lawyer may be able to help you pursue a claim through the NVICP. Injured parties or their representatives must file a claim with the NVICP within three years of the time when the injury first manifests. Parents, legal guardians, and legal representatives may file a petition on behalf of children, disabled adults, and deceased individuals. Contact Pintas & Mullins Law Firm to learn more about your child’s rights, how the process works, and how we may be able to help you.
How Much Compensation Might Your Family Receive?
The NVICP may provide compensation for past and future medical expenses, lost earnings, and pain and suffering. Payments for pain and suffering are limited to $250,000. You may also be entitled to compensation for reasonable attorney’s fees.
The NVICP is a no-fault administrative system, which means that a claimant does not have to prove that a vaccine caused an injury. If the injury occurred within a certain timeframe, program administrators may presume that the vaccine was responsible.
For a free legal consultation with a pediatric immunization malpractice lawyer serving Los Angeles, call (800) 794-0444
Can Your Family Sue the Doctor Who Gave Your Child a Vaccine?
Some injuries are not related to side effects from a vaccine itself, but rather to errors in the way it was administered. For example, injecting a vaccine into the wrong part of the arm can cause shoulder injuries.
In most cases, providers who administer vaccines are shielded from liability for injuries. If, however, you filed a claim through the NVICP and it was rejected, or if a decision was not issued within the allotted timeframe, you may be able to file a lawsuit against the healthcare provider who administered the vaccine and/or the vaccine manufacturer.
Los Angeles Pediatric Immunization Malpractice Lawyer Near Me (800) 794-0444
Contact a Los Angeles Pediatric Immunization Malpractice Lawyer
If your child was injured after receiving a vaccine, you have a limited amount of time to file a claim to pursue compensation. Even though the NVICP exists to compensate vaccine victims and their families and has a clearly defined process, it often takes years for claims to be decided.
In the meantime, medical bills can continue to pile up. The sooner you contact Pintas & Mullins Law Firm the sooner we will be able to begin gathering information about your child’s medical history before and after receiving the vaccine, calculating past and future costs for your child’s care, and working to seek a fair settlement on your child’s behalf. Call our office today at (800) 794-0444 to speak to a member of our team. The call is free and there is no obligation.