Idiopathic thrombocytopenic purpura (ITP) is a blood disorder that causes serious complications in a relatively small percentage of cases. But, even when ITP does not cause serious complications, living with the disorder can prove costly and challenging, and it can impact many aspects of a person’s life.
When a person contracts ITP from a vaccine, that person may be eligible to file a claim under the National Vaccine Injury Compensation Program (VICP). The VICP specifically covers ITP resulting from measles, mumps and rubella (MMR) vaccines. Here are three important facts about filing a vaccine injury claim for ITP:
1. Timing Is Important
When seeking compensation under the VICP for ITP from an MMR vaccine, timing is important. This is due to the VICP’s distinction between “on table” and “off table” injuries.
ITP from an MMR vaccine is an “on table” injury when a vaccine recipient’s symptoms onset “not less than 7 days and not more than 30 days” following vaccination. When this is the case, proof of causation is not required. If an MMR vaccine recipient can show that he or she began experiencing symptoms of ITP within this time window, then it is presumed that his or her condition is vaccine-related.
When symptoms onset outside of this window, ITP from an MMR vaccine is considered an “off table” injury. In this scenario, a VICP claimant must prove causation in order to receive compensation. This adds a layer of complexity to the process and increases the chances of a claimant’s case going to trial before the Vaccine Court in Washington D.C.
2. Not All ITP Diagnoses Qualify
To qualify for compensation under the VICP, an MMR vaccine recipient’s ITP must satisfy the program’s severity requirement. Idiopathic thrombocytopenic purpura (like all vaccine-related injuries and illnesses) only qualifies for compensation if:
- The condition lasts for six months or longer; or,
- The condition results in inpatient hospitalization or surgical intervention.
If an MMR vaccine recipient who is diagnosed with ITP gets better in less than six months with outpatient treatment, the recipient is ineligible to file a claim under the VICP.
3. A Filing Deadline Applies
In addition to the timing requirements discussed above for “on table” ITP, MMR vaccine recipients must also be cognizant of the VICP’s filing deadline. Under federal law, vaccine recipients have a maximum of three years from the date of their first symptom or other manifestation of onset to file a claim. If an MMR vaccine recipient who is diagnosed with ITP waits longer than three years to file a claim, he or she will lose the right to receive compensation under the National Vaccine Injury Compensation Program.
ITP From a Vaccine? Schedule a Free Consultation about Your VICP Claim
If you would like to know more about filing a VICP claim for ITP caused by an MMR vaccine, we encourage you to schedule a free consultation at the Law Offices of Leah V. Durant, PLLC. To discuss your case in confidence as soon as possible, 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: Vaccine Injury Claim