Can You Seek Compensation for a Severe Allergic Reaction to a Vaccine?

Severe allergic reactions can have significant health consequences. They can also be incredibly expensive. Emergency treatment for anaphylaxis can easily run into the tens of thousands of dollars, and for patients who require long-term care or rehabilitation, the costs can climb far higher. Fortunately, financial compensation will be available in many cases, and many vaccine recipients can recover their losses with the help of an experienced vaccine attorney.

Understanding Your Rights Under the National Vaccine Injury Compensation Program

Recovering financial compensation for the costs of a severe allergic reaction to a vaccine typically involves filing a claim under the National Vaccine Injury Compensation Program (VICP). The VICP is a federal government program that Congress established in 1988 to help individuals and families impacted by vaccine-related injuries and illnesses.

To date, the VICP has paid out more than $4 billion in financial compensation. This includes millions paid to individuals diagnosed with anaphylaxis.

The VICP is unique from other types of federal benefit programs in that there is no “application” process. Instead, claimants must file a “petition” in the U.S. Court of Federal Claims (also known as the “Vaccine Court”). Government attorneys review all petitions filed under the VICP, and, based on their review, they decide whether to negotiate a settlement or dispute the claim in the Vaccine Court.

However, filing a VICP claim is also unlike filing a personal injury lawsuit in civil court. The VICP pays compensation on a “no-fault” basis, and it provides compensation without proof of causation for many types of vaccine-related injuries—including anaphylaxis. Additionally, while personal injury attorneys charge their clients contingency fees, vaccine attorneys receive their fees directly from the VICP—and the VICP pays attorneys’ fees separately from claimants’ compensation awards.

How to Seek Compensation for a Severe Allergic Reaction Under the VICP

There are several steps involved in seeking compensation for a severe allergic reaction under the VICP. Individuals who believe that they may be entitled to compensation should:

  • Collect Medical Records – While seeking compensation for a severe allergic reaction does not require evidence of fault or causation, it does require evidence of timing. Specifically, claimants’ medical records must show that they began experiencing symptoms of anaphylaxis within four hours of vaccination.
  • Collect Additional Documentation – The VICP provides compensation for successful claimants’ medical bills, lost income, pain and suffering, and certain other out-of-pocket expenses. Claimants must provide documentation of these losses to receive a settlement or prevail in the Vaccine Court.
  • Consult with a Vaccine Attorney – Due to the challenges involved in filing a successful claim under the VICP, it is strongly advised that anyone wishing to seek compensation for anaphylaxis consult with an experienced vaccine attorney.

Discuss Your Anaphylaxis Claim with Vaccine Attorney Leah V. Durant

If you would like to know more about filing a claim under the Vaccine Injury Compensation Program, we encourage you to schedule a free consultation. To discuss your anaphylaxis claim with vaccine attorney Leah V. Durant in confidence, please call 202-800-1711 or tell us how we can reach you 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.

Categories: National Vaccine Injury Compensation Program

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