Baltimore Personal Lawyer: Vaccine Court

The Office of Special Masters of the U.S. Court of Federal Claims commonly known as Vaccine Court was established in 1986 by the National Childhood Injury Act. Following a rush of lawsuits alleging injury from vaccines, manufacturers threatened to cease production of vaccines due to the threat of litigation. Health officials frightened by the prospect of vaccinations ceasing led to the government to step in and set up a process to compensate victims.

The vaccine court is unlike our normal court system in that it is  a no-fault system. In fact, the government can concede that a victim was harmed by a vaccine removing the necessity of a trial. By conceding certain cases the government can pay out compensation more efficiently and quickly to victims compared to the sometimes long and drawn out court process.

How is this possible? The government relies a list of known side effects of vaccines to determine who is entitled to compensation. If the injury alleged is on the list of side effects the government can quickly evaluate the claim and determine fair compensation. This list is known as the  vaccine injury table.

Vaccine court data for 2014 and 2015 mysteriously removed from the court’s website according to a report by Sharyl Attikisson.

Starting in 2014, there has been a dramatic increase in the number  victims who have won court decisions in years past. In order to win, a judge has to find that the it is “more likely than not” that the vaccine caused the plaintiff’s injuries. According to NPRIn 2014, there were 542 claims and 365 people were paid a total of $202 million for their injuries.

The Flu shot is one of the most common vaccine in America with millions taking each year. One known side effect of the flu shot is a condition known as Guillain-Barre syndrome . According to the National Institutes of Health, Guillain-Barre syndrome is nerve disorder that can cause paralysis. Thankfully, the odds of you suffering from from flu shot is something in range of 1 to 1 million. This example illustrates the delicate balance the government has to weigh in promoting common life saving vaccinations and the existence of the vaccine court. You cannot afford scare people from taking vacinations and creating a larger health risk as a result.

For those who suffer adverse reactions to vaccines, the harm can be significant and life threatening. After getting the best care available, talk to a vaccination injury lawyer about your options. You may be entitled to financial compensation without having to go to court.