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Do Doctors and Nurses Have a Responsibility to Ensure that They Inject Vaccines Appropriately?

By leahdurantlaw on August 20, 2018 • ( 0 )

When you go to your doctor’s office or a local pharmacy or clinic to get vaccinated, you expect the medical professional who performs your immunization to adhere to a certain standard of care. After all, you are trusting this person not only to protect you against the risk of disease, but also to avoid causing you harm during your vaccination.

Unfortunately, far too often, this trust is misplaced. Vaccination errors are common, and recent research suggests that injuries due to vaccination errors are being reported with increasing frequency. So, if you are experiencing pain after a flu shot or other vaccination, what do you need to know? What are your risks, and what can you do to avoid unnecessary consequences?

1. It is Your Medical Provider’s Responsibility to Ensure a Safe Vaccination

While all vaccines carry certain inherent risks, many of the risks associated with vaccinations can be mitigated with careful adherence to standardized protocols and procedures. From the length of the needle used to the location of the injection on the shoulder, there are various administration-related factors that can significantly increase (or decrease) a patient’s risk of injury. For example, when a collared or form-fitting shirt prevents a doctor or nurse from injecting a vaccine at the appropriate location or angle, this is an issue that can – and should – be easily addressed. Likewise, if a patient is receiving multiple immunizations, injecting each vaccine at a different location can significantly reduce the patient’s risk of injury.

2. Proof of Malpractice is Not Necessary to Recover Compensation for a Vaccine Injury

Individuals who have been diagnosed with vaccine-related injuries are entitled to just compensation for their injury-related losses. However, unlike other injury cases involving medical mistakes, it is not necessary to prove malpractice in order to recover financial compensation for a vaccine injury.

Seeking compensation for a vaccine injury involves filing a claim under the National Vaccine Injury Compensation Program (VICP). Under the VICP, not only is proof of malpractice not necessary; but, in many cases, vaccine recipients do not even need evidence that their vaccinations caused their injuries. For shoulder injuries related to vaccine administration (SIRVA) and various other types of vaccine-related injuries, this “causation” is presumed if symptoms manifest within a certain period of time. If your medical records show that you began experiencing symptoms within the prescribed window after receiving your immunization, then you can file a VICP claim without evidence that specifically links your injury to your vaccination.

3. Thousands of Individuals Seek Compensation for Vaccine Injuries Each Year

Since its establishment in 1988, the National Vaccine Injury Compensation Program (VICP) has paid almost $4 billion in compensation to individuals diagnosed with vaccine-related injuries and illnesses; and, each year, thousands of individuals file claims under the VICP. If you have concerns about a vaccine-related injury, you are not alone, and hiring an experienced attorney will give you the best chance to secure just compensation through the VICP.

Schedule a Free Initial Consultation

If you have been diagnosed with a vaccine-related injury or illness, the Law Offices of Leah V. Durant, PLLC can help you seek compensation under the VICP at little or no out-of-pocket cost to you. To learn more in a free and confidential consultation, please call (202) 800-1711 or request an appointment online today.

Leah Durant Bio

Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.