Medical Malpractice

Vaccine Injury

Representing clients all across the country.

Ball Eggleston’s attorneys are licensed to practice in the U.S. Court of Federal Claims. Therefore, our attorneys can represent clients who live across the country and regardless of where the vaccine was administered. 

We can Help after a Vaccine Injury

Generally, vaccines are a safe and effective way to protect individuals from harmful diseases. However, when administered improperly, flu shots and other vaccines can cause a variety of severe injuries and illness. For example, patients may experience a shoulder injury (“SIRVA”) such as a rotator cuff tear, and/​or permanent neurologic and muscle damage. Individuals may also experience a severe allergic reaction to a vaccine. 

Ball Eggleston’s team of vaccine injury attorneys will help you determine if you or a loved one has been injured by a vaccine. The team at Ball Eggleston will help you navigate the complicated National Vaccine Injury Compensation Program process and will zealously advocate to ensure you are fully and fairly compensated. Contact us today to set up a free consultation.

Vaccine Injury Cases are Unique

Vaccine injury claims are not litigated in the same way as traditional personal injury or medical malpractice lawsuits. Vaccine injury claims are not made against the healthcare provider, the healthcare facility, the vaccine manufacturer, or an insurance company. Instead, The National Childhood Vaccine Injury Act of 1986, as amended, created the National Vaccine Injury Compensation Program (“VICP”), a no-fault alternative to the traditional tort system. It provides compensation to people found to be injured by certain vaccines. Since the inception of the VICP, approximately $5 billion has been paid out to injured individuals and their families. 

Questions:

VICP covers most vaccines routinely given in the U.S. For a vaccine to be covered, the Centers for Disease Control and Prevention (“CDC”) must recommend the category of vaccine for routine administration to children or pregnant women, and it must be subject to an excise tax by federal law.

Examples:

  • Seasonal influenza vaccines (e.g., IIV3 standard dose, IIV3 high dose, IIV4, RIV3, LAIV3, LAIV4)
  • Measles, Mumps, Rubella vaccines (e.g., MMR, MR, M, R)
  • Varicella (chicken pox);
  • Hepatitis A and Hepatitis B (e.g., HAVHBV
  • Pneumococcal conjugate vaccines (PCV 13, including Prevnar 13);
  • Human Papillomavirus vaccines (e.g., HPV, including Gardasil); and
  • Rotavirus vaccines (e.g., RV);
  • Meningococcal vaccines (e.g., MCV4, MPSV4, recombinant)
  • Diphtheria, Tetanus and Pertussis vaccines (e.g., DTaP, DTP, DT, Td, TT, P, Tdap, DTP-Hib))
  • Polio vaccines (e.g., OPV or IPV)
  • Haemophiles influenza type b vaccines (e.g., Hib);
  • Varicella vaccines (e.g., VZV) [herpes zoster (shingles) vaccine is not covered]

No, the VICP does not cover COVID-19 vaccine injuries. For claims associated with the COVID-19 vaccine or other COVID-19 related countermeasures, a Request for Benefits must be filed with the Countermeasures Injury Compensation Program. Click for more details.

Due to the number of vaccines given every year and the amount of recorded data, a table has been created that lists known injuries caused by certain vaccines, as well as the type and timing of the onset of the injury. These injuries are known as Table Injuries.” The Vaccine Injury Table, which can be found here.

Examples:

  • Seasonal Flu Vaccine Injuries;
  • Shoulder injury resulting from vaccine administration (“SIRVA Injury” such as a rotator cuff tear);
  • Guillain-Barré Syndrome (GBS);
  • Acute Inflammatory Demyelinating Polyneuropathy (AIDP);
  • Acute disseminated encephalomyelitis (ADEM); and 
  • Transverse Myelitis, Blood Disorders, and others. 

We can help you through the complicated process.


Choose a vaccine injury attorney to help you get the compensation you deserve.