Vaccine Injuries Lawyer in Colorado Springs, CO
Get a vaccine injury attorney who can fight for the compensation you deserve
Vaccines are a critical tool in public health and play an important role in stopping the spread of infectious disease. Vaccinations are considered a routine part of health care and are given every day. But some people have an adverse reaction to certain vaccines and suffer a personal injury that has a significant impact on their lives.
If you have suffered a vaccine injury, you deserve financial compensation from the Vaccine Injury Compensation Program (VICP). At The Longo Firm, LLC, we understand how a vaccine injury can affect you and your family. Colorado Springs personal injury attorney Stephen A. Longo can guide you through this complicated process.
What types of injuries can be caused by vaccines?
Vaccine injuries can range from mild to severe. Examples include:
- Shoulder Injury Related to Vaccine Administration (SIRVA): SIRVA occurs when a vaccine is administered improperly, leading to shoulder pain, limited mobility, and sometimes more severe complications.
- Anaphylaxis: Some people may experience a severe allergic reaction to a vaccine component, leading to symptoms such as difficulty breathing, swelling, and a drop in blood pressure.
- Guillain-Barré Syndrome (GBS): This is a neurological disorder that can develop after receiving certain vaccines. It can cause muscle weakness, tingling, and even paralysis.
- Encephalopathy: This term is used to describe a significant alteration in brain function. Symptoms can include mental status, confusion, seizures, and other cognitive and motor impairments.
- Febrile seizures: These are convulsions that occur in young children with high fever. Symptoms include stiffening or jerking of the body and loss of consciousness.
What is the Vaccine Injury Compensation Program (VICP)?
The VICP is a federal program in the United States that provides compensation to people who are injured by vaccines. The program was established by the National Childhood Vaccine Injury Act (NCVIA) of 1986 and is designed to compensate individuals who suffer serious injuries or adverse reactions as a result of receiving certain vaccines.
Which vaccines are covered?
The Vaccine Injury Compensation Program covers a range of vaccines recommended by the Centers for Disease Control and Prevention (CDC) for children and adults. These vaccines include:
- Diphtheria (DTP, DTaP, Tdap, DT, Td, TT)
- Tetanus (Td)
- Pertussis (DTaP, Tdap, DTP)
- Measles (MMR)
- Mumps (MMR, MR, M)
- Rubella (MMR, MR, R)
- Polio (OPV, IPV)
- Haemophilus Influenzae Type B (Hib)
- Hepatitis A (HAV)
- Hepatitis B (HBV)
- Human Papillomavirus (HPV)
- Seasonal Influenza (Flu)
- Meningococcal (MCV4, MPSV4, MenB-FHbp, MenB-4C)
- Pneumococcal conjugate (PCV)
- Rotavirus (RV)
- Varicella (Chickenpox - VAR)
The VICP also covers combination vaccines that include multiple components, such as the DTaP vaccine, which protects against diphtheria, tetanus, and pertussis. COVID-19 vaccines are not covered under the VICP.
How does the claims process work?
You must file your claim within 3 years of the first symptoms of a vaccine-related injury. The appropriate petition forms must be completed and submitted with supporting documentation.
The Department of Health and Human Services (HHS) will review your medical records and other evidence to determine if your claimed injury meets the specific criteria outlined in the Vaccine Injury Table and then issue a preliminary recommendation.
The Department of Justice (DOJ) will then review the case and prepare a report with their findings and analysis. The report is submitted to the Court, which will appoint a Special Master, a neutral legal expert, to review your case. The Special Master will then issue a final decision on your claim.
But most VICP claims are settled out of court.
How much compensation can I recover?
The amount of compensation you can recover in a vaccine injury claim through the Vaccine Injury Compensation Program (VICP) varies based on several factors, including the injury's severity and the associated costs. In general, the VICP provides compensation for:
- Medical expenses: This includes all reasonable and necessary past and future medical expenses related to the vaccine injury. It can cover doctor's visits, hospitalization, rehabilitation, therapy, medications, and other medical costs.
- Lost wages: If the vaccine injury causes you to miss work or results in a loss of income, you can seek compensation for your lost wages and future loss of earning capacity.
- Pain and suffering: You may be eligible for compensation for the pain and suffering endured due to the vaccine injury. This compensation is capped at a specific amount set by law.
The VICP also allows for the reimbursement of reasonable attorneys' fees and costs associated with pursuing your claim. This ensures that you can obtain legal representation without incurring additional financial burden.
How can an attorney help me?
You are not required to have an attorney when submitting a VICP claim. But the process can be complicated and time-consuming. Having experienced legal representation increases the chances that your claim will be successful. This also means less stress for you. A vaccine injury lawyer can:
- assess your case and determine your eligibility under the VICP
- gather relevant medical records, doctor's reports, and vaccination documentation to support your claim
- interview witnesses and consult experts, if necessary
- organize and present evidence to build a strong case for compensation
- complete and file all the paperwork needed to move your claim forward
- handle all communications with the VICP and other parties involved
- negotiate with the Department of Justice (DOJ) to reach a fair settlement on your behalf.
If you suffered a vaccine injury, you may not be sure what to do next. Get answers to your questions and learn about your rights and legal options during a free case evaluation. Attorney Longo can discuss your injury with you and assess whether you have a claim. There’s no cost and no obligation.
Call the firm known for a personalized approach and attention to detail. Contact us today to schedule your free case evaluation.