When Can You File a Vaccine Injury Claim for Intussusception?

Intussusception is a potentially serious medical condition that has been linked to the rotavirus vaccine in a very small percentage of cases. For qualifying parents of children who are diagnosed with intussusception following a rotavirus immunization, the National Vaccine Injury Compensation Program (VICP) provides a source of financial recovery.

So, when can parents file a claim for intussusception under the VICP? Vaccine injury lawyer Leah V. Durant explains:

When is Intussusception Covered Under the VICP?

For purposes of filing a claim under the VICP, intussusception is presumed to be a vaccine injury when symptoms onset between 1 and 21 days following vaccination. It is still possible to file a claim if symptoms onset after less than a day or after more than 21 days, but there are additional steps involved.

The National Vaccine Injury Compensation Program defines intussusception as follows:

“[I]ntussusception means the invagination of a segment of intestine into the next segment of intestine, resulting in bowel obstruction, diminished arterial blood supply, and blockage of the venous blood flow.”

The VICP also specifies that intussusception resulting from a rotavirus vaccination is not presumed to be a vaccine injury if:

  • Onset occurs with or after the third dose of a rotavirus vaccine;
  • Onset occurs within 14 days after contracting an infectious disease associated with intussusception;
  • The vaccine recipient has a preexisting condition identified as a lead point for intussusception (i.e. an intestinal mass or cystic structure);
  • The vaccine recipient has congenital or other bowel abnormalities; or,
  • The vaccine recipient has an underlying condition or systemic disease associated with intussusception (i.e. cystic fibrosis, celiac disease or Kawasaki disease)

All non-fatal vaccine injury claims under the National Vaccine Injury Compensation Program are subject to a three-year statute of limitations. This “limitations period” runs from the first onset of symptoms (or other “manifestation of onset”), not the date of vaccination. If a child vaccine recipient’s parents wait longer than three years to file a claim, then compensation may no longer be available under the VICP.

What Should You Do if You Have a Vaccine Injury Claim for Intussusception?

Parents who have concerns about intussusception linked to the rotavirus vaccine should consult with a vaccine injury lawyer promptly. While the statute of limitations for VICP claims is three years, there are several benefits to filing a claim as soon as possible. It costs nothing to find out if you have a claim; and, if you do have a claim, the VICP will pay your family’s legal fees separately from your award of financial compensation.

Talk to a Vaccine Injury Lawyer about Your Claim for Free

If you need to know more about filing a claim for intussusception caused by the rotavirus vaccine under the National Vaccine Injury Compensation program, we encourage you to contact us promptly. We represent families in VICP claims nationwide. To speak with a vaccine injury lawyer in confidence as soon as possible, call 202-800-1711 or request a free consultation online now.

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: Intussusception, National Vaccine Injury Compensation Program

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