Vaccination Injury Lawyers in Buffalo, NY

Vaccines are a critical tool used to eliminate or minimize the spread of deadly disease. While vaccinations are intended to protect public health, it is possible to suffer an injury as the result of receiving a vaccine.

If a vaccine has caused harm to you or a loved one, you should be compensated for the losses and suffering you have endured.

The National Vaccine Injury Compensation Program (VICP) has been established to provide compensation to individuals who suffer an adverse health effect from a vaccination. This page provides information for vaccine injury victims, including:

• An overview of the National Vaccine Injury Compensation Program
• Injuries and Adverse Reactions Caused by Vaccines
• Types of Vaccines Involved in VICP Claims
• How to Petition the National Vaccine Injury Compensation Program

Free Review of Vaccine Injury Case

If you have suffered an injury or adverse effect due to a vaccine, contact Lipsitz Green Scime Cambria for a free case review.

Lipsitz Green Scime Cambria has extensive experience successfully handling complex injury matters, including vaccine injuries. The firm fights vigorously to ensure injured clients receive all the compensation they are entitled to. Lipsitz Green Scime Cambria has been recognized by peers for its legal skill and track record of results, including a Tier-One Ranking from U.S. News-Best Lawyers “Best Law Firms” for Medical Malpractice Law and Personal Injury Litigation.

In most medication error cases, a pharmaceutical company can be sued if a person is injured as the result of taking a drug they manufactured. However, in injury matters involving a vaccine, pharmaceutical companies cannot be sued. Instead, vaccine injury victims must pursue justice by filing a petition with the National Vaccine Injury Compensation Program (VICP).

The VICP was established as part of the National Childhood Vaccine Injury Act, which was passed by the U.S. Congress in 1986. In an effort to protect the country’s vaccine supply, the law indemnified drug companies from lawsuits related to vaccines they manufacture. However, the law also established the VICP, which is a no-fault alternative that provides compensation to people found to be injured by vaccines.

Individuals who suffer an injury due to any vaccine covered by the VICP are eligible to file a petition for compensation.

The adverse health effects caused by a vaccine can include physical injury, developmental delays, chronic health problems, and even death. The Health Resources and Services Administration, which is an agency within the U.S. Department of Health and Human Services, provides a “Vaccine Injury Table.”

The Vaccine Injury Table outlines illnesses, disabilities, injuries, and other health conditions that are eligible for compensation under the Vaccine Injury Compensation Program. The health issues listed in the Vaccine Injury Table include:

• Anaphylaxis
• Brachial Neuritis
• Chronic Arthritis
• Disseminated Varicella Vaccine-Strain Viral Disease
• Encephalopathy or Encephalitis
• Guillain-Barré Syndrome
• Intussusception
• Paralytic Polio
• Shoulder Injury Related to Vaccine Administration
• Thrombocytopenic Purpura
• Vaccine-Strain Measles Viral Disease
• Vaccine-Strain Polio Viral Infection
• Varicella Vaccine-Strain Viral Reactivation
• Vasovagal Syncope

There are more than twenty vaccines recommended by the Center for Disease Control (CDC) for routine administration to children, adolescents, and pregnant mothers. As new public health risks emerge, the list of vaccines recommended by the CDC may expand.

An injury suffered as the result of any of the following vaccinations meets the criteria to file a petition with the National Vaccine Injury Compensation Program:

• Chickenpox (Varicella)
• Diphtheria
• Haemophilus Influenzae Type B
• Hepatitis A
• Hepatitis B
• Human Papillomavirus HPV
• Influenza (Seasonal Flu)
• Measles
• Meningococcal
• Mumps
• Pertussis
• Pneumococcal
• Polio
• Rotavirus
• Rubella
• Tetanus

Obtaining compensation through the VICP can be a long and complex process. The Health Resources and Services Administration states that the process to obtain compensation from the VICP is comprised of the following steps:

1. File Petition: A VICP petition must be filed with the U.S. Court of Federal Claims.
2. Petition Review: A medical staff from the U.S. Department of Health and Human Services reviews the petition to determine if it meets medical criteria for compensation.
3. Department of Justice Report: The U.S. Department of Justice develops a report to submit to the Court, which includes legal analysis and a medical recommendation.
4. Determination on Compensation: A court-appointed “special master” reviews the Department of Justice report and makes a determination on: if compensation will be award; the amount of compensation; and the type of compensation. This step in the process often involves a hearing, in which both the injured petitioner and Department of Justice can present evidence.
5. Court Order: The Court orders the U.S. Department of Health and Human Services to award compensation based on the special master’s decision.
6. Appeal (if necessary): A petitioner may appeal the decision of the special master and file a matter in civil court to pursue compensation for injuries caused by a vaccine.

How Lipsitz Green Scime Cambria Can Help With Your VICP Petition

Lipsitz Green Scime Cambria can help you navigate through the complex VICP claims process and fight to help ensure you receive all the compensation you are entitled to.

Lipsitz Green’s vaccine injury attorneys will review all the details of your case and explain all aspects of the petition process. The firm is experienced in documenting all damages suffered as the result of an injury, including: physical limitations, medical costs, lost wages, and pain and suffering.

Lipsitz Green can file a petition on your behalf in U.S. Court of Federal Claims and represent you at a hearing held by the court-appointed “special master” for your case. Should the government decide to contest your vaccine injury claim, Lipsitz Green will fight on your behalf. If you are unhappy with the compensation awarded by the VICP, Lipsitz Green can appeal the decision and file a claim in civil court on your behalf.

The VICP pays for a petitioner’s legal fees. You will not be burdened with legal fees for your vaccine injury case.

Form more information on the National Vaccine Injury Compensation Program or for a free vaccine injury case review, contact Lipsitz Green Scime Cambria.