Vaccines are an integral part of human health and survival in this era of epidemics and disease outbreaks. The vaccines are meant to protect us from envisaged attacks or dreaded potential diseases. However, this may not always be the case. At times vaccines end up causing more damage than good, for example, developing a disability due to vaccination or even death. Therefore, it is essential to be informed about your rights and the legal framework available to assist you in any eventuality.
1. A Vaccine
A vaccine is a biological preparation that improves immunity to a particular disease. A vaccine typically contains an agent that resembles a disease-causing microorganism and is often made from weakened or killed forms of the microbe, its toxins, or one of its surface proteins.
2. Importance of Vaccines in Children
Vaccines have been used in Children to prevent infection from many diseases such as Smallpox, Polio, Measles Mumps, and Covid 19.
Vaccine development is essential because it can reduce the chance that people will get severe illnesses and suffer adverse effects. Vaccines have been used in children to prevent infections.
3. Types of Vaccine Injuries
There are three basic categories of adverse events following immunization (AEFIs):
- Local injuries
- Systemic injuries
- Allergic reactions
4. Vaccine Injury Compensation Program (VICP)
The United States government operates a compensation program for those whose vaccinations have caused injuries, known as the VICP. The VICP was established in 1986 to ensure that vaccine-related injuries and deaths were compensated fairly.
It was enacted as part of the National Childhood Vaccine Injury Act, Public law 99-660, the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
Basic Facts About How Claims are Processed:
The compensation program was created so that those affected by a vaccine injury can be compensated fairly for their injuries.
- It does not matter how the injury happened or who was at “fault.” It only matters that a vaccine caused your health problems, and you are eligible for compensation under the terms of the Vaccine Compensation Act.
- The program is not for people who were injured because they had a pre-existing medical condition or for people who were wounded by treatments other than vaccines. Only injuries that could be directly linked to a vaccine are compensated.
- There are no costs associated with filing a claim through the VICP. If you are successful in your claim, the Court will award fair compensation without regard to whether you or your child has health insurance or not.
- When filling out a claim form, you are allowed to estimate your losses and set the claim’s value at a lower amount. The amount awarded will be determined by a judge based on the estimated losses and timescale for the disease or disability.
However, it may not be easy to go through all the legal requirements on your own. Consequently, you will require guidance and representation by a skilled, registered lawyer. You can enquire about such services from Vermont vaccine injury attorneys for your peace of mind.
To be compensated by the VICP, you need to prove that:
- You were vaccinated.
- A vaccine injury or condition occurred within a specific time frame following your vaccination. This is six months for most vaccines and five years in some cases (for example, Hepatitis B).
- The vaccine was the one that caused the injury.
- You are a United States citizen and have no other source of compensation for your injuries.
- Your injury is not likely to improve (or did not improve) within one year of the time frame you claim for it to have occurred or if your doctor thinks it will get better with time.
Although vaccines offer relief in times of disease outbreaks, there are instances where the same vaccines can threaten human life. You may develop serious medical complications or even death. In such a case, you may need the services of a vaccine injury attorney to help you understand your obligations and your rights as well. The vaccine injury attorney will protect you and guide you accordingly to be adequately compensated for your injuries or the death of your loved ones.
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