Can You File a Vaccine Injury Claim if a Vaccination Exacerbates a Pre-Existing Condition?

In addition to causing a new injury or illness, it is also possible for a vaccination to exacerbate a pre-existing condition. The National Vaccine Injury Compensation Program (VICP) covers many of these cases, and many individuals who experience an aggravation of pre-existing injuries and illnesses can seek compensation for their medical bills and other losses with the help of an experienced vaccine lawyer.

Filing a Claim for Exacerbation of a Pre-Existing Injury or Illness

The U.S. Health Resources and Services Administration (HRSA) has published a guide titled, What You Need to Know about the National Vaccine Injury Compensation Program (VICP). In this guide, the HRSA provides an overview of several key aspects of the VICP—including the types of medical conditions that qualify for compensation under the program.

According to the HRSA, in order to recover financial compensation under the VICP, it is necessary to prove that either (i) “the vaccine caused the injury,” or (ii) “the vaccine caused an existing illness to get worse (significantly aggravated).” Thus, it is clear that the VICP covers exacerbation of pre-existing conditions in qualifying cases.

Additionally, under the terms of the VICP, it is necessary to prove that the significant aggravation occurred within a certain amount of time following vaccination. This timeframe varies for different vaccines and different medical conditions. For example, for exacerbation of brachial neuritis following a tetanus vaccine (DTaP, DTP, DT, Td or TT), it is necessary to prove that the exacerbation occurred “not less than 2 days and not more than 28 days” following immunization. Other timeframes range from a matter of hours to more than a month.

Proving that a Vaccination Exacerbated a Pre-Existing Condition

In many cases, it is not necessary to prove that a vaccine exacerbated a pre-existing condition. If a pre-existing condition becomes significantly aggravated within the timeframe prescribed by the VICP, then it is presumed that the aggravation is vaccine-related.

However, if this presumption does not apply, then additional proof will be required. Typically, this proof comes in the form of medical records and testimony from a medical expert. While proving your right to compensation in these cases can be challenging, it is not impossible, and an experienced vaccine lawyer can help you seek the full compensation you deserve.

Financial Compensation for Exacerbation of a Pre-Existing Condition

In cases involving significant aggravation of pre-existing medical conditions, VICP claimants are entitled to the same types of compensation as claimants who are diagnosed with new vaccine-related injuries and illnesses. This means that with adequate proof, vaccine recipients who experience an exacerbation of pre-existing conditions can seek compensation for their:

  • Medical bills (to the extent caused by their vaccinations)
  • Other out-of-pocket costs resulting from their vaccinations
  • Loss of income
  • Pain and suffering (up to $250,000)

Discuss Your Claim with National Vaccine Lawyer Leah V. Durant

Do you have a medical condition that was made worse by a vaccination? If so, we encourage you to contact us for more information about your legal rights. To speak with national vaccine lawyer Leah V. Durant in confidence, please call 202-800-1711 or send us your contact information 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: Vaccine Injury Claim

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