A Pennsylvania woman will receive $11.6 million in settlement of her claim that a flu shot she received in 2010 led to her paralysis. Her work required that she have the flu shot — one week after receiving the flu shot, she started having flu-like symptoms. She began having pain and weakness in her limbs a couple of weeks later. Her condition was diagnosed as Guillian-Bare Syndrome, a serious neurological condition, that is a rare but known side effect of the flu shot. As a result, the woman is paralyzed and cannot feed herself.
The settlement was reached with the National Vaccine Injury Compensation Program (“VICP”) and will be used to pay for the woman’s continuing medical care at a rehabilitation facility. The settlement includes $1 million to compensate the woman for her lost wages and her pain and suffering.
What Is The National Vaccine Injury Compensation Program?
The National Vaccine Injury Compensation Program (“VICP”) was created under the National Childhood Vaccine Injury Act of 1986 to institute vaccine safety reforms in the mass vaccination system in the United States and to create a federal no-fault, non-adversarial alternative to suing vaccine manufacturers and providers in court.
For a vaccine-related injury or death that occurred after October 1, 1988, the vaccine-injured person is required to apply for federal compensation before pursuing a lawsuit in court against a vaccine manufacturer or vaccine provider. If the U.S. Court of Claims awards compensation to the vaccine-injured person, the VICP will offer to pay up to $250,000 for a vaccine-associated death, to pay for all past and future unreimbursed medical expenses, custodial care, and nursing home care, and to pay $250,000 for pain and suffering as well as loss of earned income. It can take two to ten years to resolve vaccine injury claims in the VICP.
If the claimant rejects the offered award or if compensation is denied, a lawsuit may be filed in civil court within 24 months of a death and within 36 months of an injury. The U.S. Court of Claims had awarded nearly $2 billion to vaccine victims for their catastrophic vaccine injuries by 2010, despite two out of three applicants being denied compensation.
The VICP is funded by a $0.75 excise tax on all doses of vaccines recommended by the CDC for “universal use” by all children. Monies from the excise tax are placed in the Vaccine Injury Compensation Trust Fund, which provides funding for the National Vaccine Injury Compensation Program. By 2009, there was a nearly $3 billion surplus in the VICP Trust Fund.
What should you do if you suspect that you or a loved one may have suffered injuries or other harm as a result of a vaccine you received in the United States? You should promptly consult with a local vaccine claim attorney in your state who may investigate your vaccine claim for you and represent you in your claim for compensation for injuries suffered as a result of receiving a vaccine, if appropriate.
Click here to visit our website or call us on our toll-free line (800-295-3959) to be connected with vaccine claim lawyers in your U.S. state who may assist you with your vaccine claim.
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