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When you cannot bend your shoulder or index fingers, daily activities become a major challenge. One of our clients was unable to put her contact lenses in, hold a pen, or even type on a computer. It turned out she had a mysterious disease, Guillain-Barre Syndrome (GBS), caused by flu shot.

The Significance of Medical Records in Winning Your Vaccine Case

If you or a loved one believe you have suffered a reaction to a vaccination, it is imperative that you not only see your medical professional immediately, but be as descriptive and thorough as possible during your visits.

Medical Records are absolutely crucial to the litigation of a vaccine case.  The information contained within medical records is fundamental to proving that an individual received a vaccination and suffered a reaction or injury that was caused by the vaccination. Not only is the Petitioner required to submit all of the vaccination records and treatment records, they must also provide complete medical records for three years prior to the vaccination. Once the records are submitted, the Department of Health and Human Services performs an extensive records review to form an opinion as to whether the Petitioner should be entitled to compensation through the program.

Vaccine Injury Compensation Program – Exception to Rule Requiring Six Months of Symptoms

The Vaccine Injury Compensation Program (VICP) was created to compensate persons suffering from serious injury or illness related to a vaccine.  Therefore, the Act includes a provision that, in order to receive compensation, an injured party must have symptoms lasting for six months.  The purpose of the provision is to ensure that only serious reactions/injuries are compensated.  Although the requirement is an arbitrary one (a person suffering for five months is not to be compensated, yet one suffering for six months is?), it is the rule.   However, any residual symptoms will suffice.  The symptoms need not be as severe as they were in month one, nor must they be of any particular severity – they simply must exist after six months to any degree.

Victims of Vaccine Injuries Can Recover Costs of Future Medical Care

Under the Vaccine Injury Compensation Program, a petitioner’s award may be comprised by four different types of damages:

  1. Past expenses
  2. Future expenses
  3. Lost earnings
  4. Pain and suffering

Future expenses are often at issue when the vaccine injury is permanently disabling.  For example, if a child suffers a encephalopathy after vaccination, resulting in cognitive and physical disability, the petitioner’s vaccine lawyer should be seeking compensation for future costs including therapy, daycare, medication, and all types of other future expenses.  The Vaccine Injury Compensation Program allows compensation for these projected expenses.