When Can You Seek Compensation for an MMR Vaccine Injury?

The measles, mumps and rubella (MMR) vaccine is among the most widely administered vaccines in the United States. The U.S. Centers for Disease Control and Prevention (CDC) recommend that children receive two doses of the MMR vaccine by age six and adults born after 1957 receive the MMR vaccine if they have not previously been vaccinated. As vaccine attorney Leah V. Durant discusses below, although rare, MMR vaccine injuries do occur, and the National Vaccine Injury Compensation Program (VICP) provides compensation to eligible vaccine recipients and families.

Coverage for MMR Vaccine Injuries Under the VICP

The VICP provides “no-fault” compensation to vaccine recipients and families who are struggling with the effects of vaccine-related injuries and illnesses. This includes several types of injuries and illnesses linked to the MMR vaccine. Specifically, the VICP covers the following conditions linked to MMR vaccinations:

  • Anaphylaxis (severe allergic reaction)
  • Chronic arthritis
  • Encephalopathy or encephalitis
  • Shoulder injuries related to vaccine administration (SIRVA)
  • Thrombocytopenic purpura
  • Vaccine-strain measles
  • Vasovagal syncope

For each of these injuries and illnesses to be eligible for compensation without proof of fault or causation, their initial symptoms must onset or manifest within a specific period of time. For example, the VICP requires the symptoms of SIRVA to onset within 48 hours, and symptoms of chronic arthritis must onset within seven to 42 days. With this in mind, anyone who has concerns about a possible injury or illness linked to the MMR vaccine should seek medical attention promptly.  

Under the National Vaccine Injury Compensation Program, the statute of limitations for filing a claim is three years. So, as long as you have medical records to prove when your (or your child’s) symptoms began, you can file a claim up to three years after the date of the first onset or manifestation of symptoms. However, it is important not to wait any longer than necessary. If you believe you may be eligible for compensation under the VICP, you should promptly consult with a vaccine attorney.

You Do NOT Need Evidence of Negligence or a Vaccine Defect

The “no-fault” nature of the VICP means that you do not need evidence of negligence or a vaccine defect to seek compensation. This contrasts with most other types of injury claims—which require evidence of liability.

However, proving your right to compensation under the VICP can still prove challenging. Filing a VICP claim is an adversarial process, and government attorneys will represent the VICP in your case before the U.S. Court of Federal Claims (the “Vaccine Court”) in Washington D.C. As a result, it is important to seek experienced legal representation. But, you can hire a vaccine attorney at no out-of-pocket cost, and the VICP pays claimants’ legal fees separately from their compensation awards.

Talk to Vaccine Attorney Leah V. Durant about Your MMR Vaccine Injury Claim

Do you have more questions about filing a VICP claim for an MMR vaccine injury? To discuss your legal rights with vaccine attorney Leah V. Durant in confidence, call 202-800-1711 or request a free consultation 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: MMR vaccine

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