Influenza Vaccine Injuries Federal Compensation Program
AnonymousJanuary 5, 2007 at 8:13 am
United States Department of
Health & Human Services
FOR IMMEDIATE RELEASE
Friday, July 1, 2005 Contact: HRSA Press Office
Influenza Vaccine Injuries Are Added to Federal Compensation Program
People thought to be injured by influenza vaccines given annually will be eligible for compensation under National Vaccine Injury Compensation Program (VICP), effective July 1, 2005.
The VICP, created by Congress in 1986 as an alternative to traditional civil litigation, provides financial compensation to eligible individuals thought to be injured by covered childhood vaccines. Administered by the U.S. Department of Health and Human Services’ Health Resources and Services Administration, the program allows compensation for past and future medical expenses, pain and suffering, and lost wages. In addition, compensation may also be awarded for attorneys’ fees and costs.
Influenza is a serious disease affecting people of all ages. Each year in the United States, it causes 36,000 deaths mostly among those aged 65 years or older and more than 200,000 hospitalizations. Yearly influenza vaccination is recommended as the best way to reduce the chances of getting influenza for children aged 6-23 months, adults aged 65 years and older, and others.
Most people who receive the vaccine experience no serious problems. However, a vaccine, like any medicine, may rarely cause serious problems such as severe allergic reactions. In those rare cases, the VICP provides compensation to those found to be seriously injured. To be eligible for compensation, claims must be filed:
within three years after the first symptoms of the vaccine injury;
within two years of the vaccine-related death and not more than four years after the start of the first symptom of the vaccine-related injury from which the death occurred; or
within two years from the date the vaccine is covered for injuries or deaths that occurred up to eight years before the date the vaccine is covered. For influenza vaccines, claims not meeting the two deadlines above have to be filed by July 1, 2007, for injuries or deaths that occurred on or after July 1, 1997.
The appropriate filing deadline is the one above that provides the most time to file an injury or death claim.
To access the Federal Register notice announcing coverage of the influenza vaccine under the VICP, to learn how to file a claim, or to obtain more information on the program, visit http://www.hrsa.gov/osp/vicp, or call 1-800-338-2382.
AnonymousJanuary 26, 2007 at 1:02 pm
I haven’t been using the forum for quite a while, especially after all the problems with the site, so no one may even remember me. I won my compensation case or “application” to the program, which took a lot of work, for the reaction I had to a tetanus shot in 2000. It took several years and was verystressful, but I did it. The main thing was the paperwork…I kept a journal and a table of my symptoms and how they progressed every few months. The law states that the vaccine must leave you physically impaired longer than 6 months and that there is some permanence to the disability. That is what happened to me and severel other people I know, however, I was the only one that won a case. It was all because of the documentation and finding the right physicians. I made sure that “vaccine reaction” was mentioned in my medical files every time I went to the doctor.
The process is long and difficult, however, I would be on the streets now if I had not persevered. If you have all the right things (medical records and good attorney), there is a chance you can win these cases.
Here’s my story if interested: [url]http://www.whale.to/a/tet2.html[/url]
AnonymousJanuary 27, 2007 at 10:07 am
I want you on my side if I ever have to file against the government. While I thought I had to do a lot to apply for a VA disability. It was a cake walk compared to what you have gone through. I read your well written story. I was amazed at how long it took to get through the entire process. It is increadable the government would put you through so much and even the doctor.
AnonymousFebruary 18, 2007 at 1:54 pm
Thank you for sharing what has probably been the most painful experience in your life with us. I felt traumatized by the time I finished reading your story. I cannot imagine an award amount that sufficiently compensates you for your experiences (medical, loss of career, litigation process – just to name a few). Your efforts should be appreciated by people who have never heard the words “peripheral neuropathy” just simply by bringing to light the fact that these compensation programs are no walk in the park. I appreciate the tremendous effort you took, and wanted to thank you from the bottom of my heart. May your victory bring you some peace.
AnonymousFebruary 21, 2007 at 11:51 pm
The case that Frank had with the government compensation program got thrown out because he passed away. They said I can’t be compensated as his wife, what bullsh__
I had to give up my job to stay home and care for him, he suffered the loss of his body,and we suffered the loss of 2 jobs. They didn’t care that all of our money in savings went to caring for him.:mad: 😡 😡 😡
AnonymousMay 1, 2007 at 4:29 pm
Your Dr has to have documentation right from the get go that a flu vaccine was given and within 1 to 8 weeks the patient developed GBS. Plus the Neuro has to say the same that the flu vaccine caused the GBS. Once that is established, you file a report with VAERS they send you paperwork to fill out and you take it from there and then get an attorney with the Federal Gov to file a lawsuit. Whether you win or lose the case the Federal Gov. pays for the attorney.
Frank’s case was closed because he passed away from a heart attack and not GBS. I still think that as his widow, I should have been compensated for our loss of money, loss of his job, and loss of my job. I always will feel that GBS/CIDP caused major stress on his heart, but they don’t see it that way.
AnonymousMay 7, 2007 at 3:50 pm
Thanks for all the wonderful comments. This really is a good group of people.
Proving that the vaccine caused my illness was very difficult for me because no matter what I said, the government denied that a vaccine was the cause. Everytime I went to the doctor, I made sure that tetanus shot reaction was in my medical records. It must be written down by a medical professional and since most of them do not know what they are, it is up to the patient to make sure the topic is in the records. Never trust a doctor or nurse to write down what you say!! Take a piece of paper to each appointment with topics and questions that you want to discuss during the few minutes you have. Make sure a copy is put into your records and keep a copy for yourself. You will have to have all of these papers if your file for the program.
There is a window of time for GBS to occur, which I believe is 6-8 weeks post vaccine, that is accepted by the government. File a VAERS form yourself if the doctor won’t do it. The only way you can get the results of all the reactions that occurred from the same lot as your vaccine is to use the Freedom of Information Act when you request the information. Sounds like a lot, but it can be done. Now that flu shots have been added, I just hope as many people file as possible.
Brandy, it took about a year after the court decision was made until I got any money. If I had passed away during that time, my family would not receive any of the funds. They put off payment for as long as possible probably hoping that most people just fade away. And, yes, you are right. This is a despicable way to treat the citizens of the country, especially someone who has served in the armed forces.
Trudy, [url]http://www.909shot.com/[/url] has a list of attorneys. They can be anywhere because this is a federal case. Good luck and my prayers are with you.
AnonymousMay 10, 2007 at 1:01 pm
Nate’s original Neuro never even asked me if Nate had a flu shot, so I’m sure it was never documented in his notes.
I didn’t even find out that you could get it from flu shots for a number of months after I came on this site.
Nate’s new Neuro is the only one who has suggested that his GBS was from a flu shot, 16 mos out from diagnosis.
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