Compensation, Covid-19 Claims & Vaccine Injury Expert Witnesses
Vaccines play a vital role in our society. Childhood vaccinations, adult vaccinations, vaccinations for travelers, and pandemic vaccinations are all needed safeguards against diseases and illnesses. However, injuries and side effects from vaccines, though rare, do occur. “Anaphylactic reactions to vaccines are estimated to occur at a rate of approximately 1 per million doses. There are approximately 220 million doses of vaccines distributed in the United States each year.”
A vaccine-related injury occurs when one has an allergic reaction to something within the vaccination, or they experience a rare side effect. If one suspects a vaccine-related injury, the injured party can file a claim with the National Vaccine Injury Compensation Program (“NVICP”) or with the Countermeasures Injury Compensation Program (“CICP”) if the vaccine is not covered under the NVICP, or file a lawsuit in civil Court. Whether via the government program or Court, a claim for a vaccine-related injury will require a vaccine injury expert witness to prove the causal link between the vaccine and subsequent injury to obtain compensation.
The National Vaccine Injury Compensation Program
The National Vaccine Injury Compensation Program, also referred to as “vaccine court,” provides no-fault compensation to people who believe a vaccine caused the injury. The government established the NVICP in the 1980s when lawsuits against vaccine companies and health care providers were on the rise. The government was concerned these lawsuits would lead to vaccine shortages, reduce vaccinations, and cause a reemergence of eradicated diseases.
One who believes a vaccine harmed them can file a claim with the U.S. Court of Federal Claims. The vaccine involved in the claim must be covered by the program, and the injury must be included in the vaccine court’s list of side effects, called the Vaccine Injury Table.
Court-appointed medical staff from the Department of Health and Human Services reviews the claim, determines if it meets medical criteria for a claim, and then either dismisses the claim or grants preliminary approval. The U.S. Department of Justice will then write a report to submit to the Court for review. A court-appointed “special master” reviews the report and holds a hearing where the injured party can present their evidence. The special master decides whether compensation is appropriate and will determine the compensation amount. In some situations, legal fees are recovered even if one’s claim is dismissed.
Supreme Court Clarification
In 2011, the United States Supreme Court clarified vaccine manufacturers’ protection under the Vaccine Act. In Bruesewitz et al. v. Wyeth LLC, 562 U.S. 223, (2011), the Court ruled that:
No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings. (Id. citing 42 U. S. C. §300aa–22(b)(1))
Thus, a vaccine manufacturer cannot be held liable for design-defect claims as long as the vaccine is appropriately manufactured and carries adequate warnings labels.
Civil Actions for Vaccine Injury Claims
After the decision of the special master, the claimant can either accept the decision, file an appeal, or file a claim in civil court against the vaccine company and the health care provider who administered the vaccine. One can file a civil court claim in cases where the vaccine was not appropriately manufactured per FDA approval or where the manufacturer failed to provide appropriate warnings and directions with the vaccine. Sometimes, it may be possible to file a claim against the healthcare provider who administered the vaccine if negligence can be proven.
COVID-19 Vaccine Injury Compensation
In February, the Health and Human Services Secretary invoked the Public Readiness and Emergency Preparedness Act. This 2005 law grants legal protection to companies making critical vaccines and treatments unless the companies act with “willful misconduct.” This immunity from Covid-19 liability may last until 2024.
Currently, if one has a claim for Covid-19-vaccine injury, one can file a claim with the Countermeasures Injury Compensation Program (CICP). A countermeasure is a vaccination, medication, device, or other item intended to prevent or treat a pandemic, epidemic, or security threat. The CICP provides benefits to those who suffer serious injury from one of the protected companies. The CICP, an office within the U.S. Health and Human Services Department will cover medical costs and lost wages for specific vaccines such as the Covid-19 vaccine and Marburg, Ebola Nerve Agents and Certain Insecticides, Zika, Pandemic Influenza, and other vaccines.
The CICP has no court, no judge, no right to appeal. The statute of limitations to file a claim is a year from receiving the vaccine. An administrator makes decisions. Though it can compensate for death and up to $50,000 a year for lost wages and medical expenses if the claim is successful, the CICP does not cover legal fees or pain and suffering.
Covid Vaccine Injury Included Under the NVICP?
There are those recommending Covid vaccine injuries should be administered through the NVICP. Since 1988, the NVICP has paid out about $4.4 billion in compensation. In addition, the statute of limitations to file a claim is three years from the date of one’s first symptom, and damages include recovery for pain and suffering, attorney fees, medical expenses, and any lost wages. Whether the NVICP will govern Covid-19 vaccine injury claims remains to be seen.
Expert Witnesses are Crucial in Vaccine Injury Lawsuits
Whether one is pursuing a vaccine injury claim through the NVICP or as a civil claim in Court, a vaccine injury expert witness is crucial to the success of one’s claim. These specialized doctors can testify to the causal link between vaccine administration and the injury or illness that resulted.
If the claim occurs from a “Table Injury,” causation will be easier to prove. These are more well-established in medical literature and supported by medical records and the provider. One who experiences an injury or illness from the Table after receiving a vaccine “receives a presumption of causation….the vaccine cases are to supposed to presume that vaccination was the cause—unless that can be disproved.”
A claim involving an atypical vaccine side effect or injury is more challenging in proving causation. These cases require vaccine expert witnesses to attest to a medical theory that causally connects the vaccination and the alleged injury; a “logical sequence of cause and effect” that the vaccine was the reason for the injury; and that there is a reasonable time frame between the vaccine and specific injury. A vaccine injury expert witness can be from various medical fields such as Allergy & Immunology, Neurology, Pediatric Neurology, Infectious Disease, and Epidemiology, amongst others. Whether in Court or with the NVICP, most cases will require a vaccine expert witness.
Call Cambridge Medical Experts Today for A Free Consultation
The right medical experts are essential in winning a vaccine injury case. Our firm engages with elite and highly regarded medical physicians and professionals from Ivy League institutions. We hand select our experts to ensure your case receives the best possible expert opinion. Our experts will thoroughly evaluate your case, ask probing questions, point out issues in your case that may be overlooked, and be able to testify in these unique vaccine injury cases. The quality of our esteemed experts will strengthen your case. Our clients use our experts for various malpractice cases due to the high caliber of our experts and the personal attention we provide.
Call us today for a free consultation. Our experts have been instrumental in obtaining multimillion-dollar settlements and judgments for our clients.
Sources
Adverse reactions to vaccines practice parameter 2012 update (aaaai.org)
https://www.findlaw.com/healthcare/patient-rights/can-i-sue-vaccine-manufacturers-.html
https://www.hrsa.gov/vaccine-compensation/index.html
09-152 Bruesewitz v. Wyeth LLC (02/22/11) (supremecourt.gov)
https://www.insurancejournal.com/news/national/2021/05/04/612516.htm
https://www.cnbc.com/2020/12/16/covid-vaccine-side-effects-compensation-lawsuit.html
https://www.theatlantic.com/health/archive/2019/05/vaccine-safety-program/589354/
