Knowledgeable Albany Vaccine Injury Attorney
Serving Victims in Saratoga, Troy, Albany, Schenectady and all of Upstate New York
It might seem ironic when you first learn that vaccines can cause the very harm that they were designed to prevent (among other harms). Although the health benefits of vaccination far outweigh the risks, when a vaccine injury occurs, you can only pursue a claim in court by following the procedures mandated by the National Childhood Vaccine Injury Act. You will need a skilled and experienced lawyer, contact an Albany Vaccine Injury Attorney to discuss your case.
How Vaccines Work
The irony of vaccines causing the diseases they are designed to prevent dissolves once you realize how vaccines work. Vaccines introduce a dead or weakened version of the virus into your body. Most people’s immune systems easily handle the virus, and in the process, it “learns” how to defend itself against it.
When Vaccinations Go Wrong
Under certain circumstances, your immune system may be overwhelmed by the virus, resulting in the occurrence of the disease. However, this is not the only type of vaccine injury that can occur – other negative medical consequences sometimes happen. Although childhood autism is commonly blamed on vaccines, the scientific community rejects any connection.
Some of the most common vaccine-related injuries include:
- contracting the disease that the vaccination was designed to prevent;
- severe allergic reactions;
- brachial neuritis;
- Guillain-Barre Syndrome;
- intussusception; and
The Vaccine Injury Compensation Program (VICP)
In some cases, it is possible to settle a vaccine injury claim out of court. If you do go to court, however, there is only one court available – the U.S. Court of Federal Claims in Washington D.C. If you lose there, you can appeal to a state and federal court, although such appeals are rare. Some of the advantages and disadvantages of filing a vaccine injury lawsuit include:
- Either the injured party of a parent of a child who was injured may file a lawsuit.
- You don’t have to prove fault to win.
- You have three years from the first onset of symptoms to file a lawsuit.
- You are limited to $250,000 in pain and suffering damages.
- If you win, your claim will be paid out by the VICP under the federal government, which never runs out of money.
- Although the VICP has paid out billions of dollars in claims, it has a reputation for bureaucratic stonewalling and unfair denial of claims. Get a personal injury lawyer.
Frequently Asked Questions (FAQs)
What do I have to prove to win?
To win a vaccine injury claim, you have to (i) present a coherent theory of how the harm occurred, (ii) connect the vaccine to the injury, (iii) establish the time frame during which injury occurred, and (iv) show that there is no other reasonable explanation for the injury. You must also prove that the harm:
- lasted for at least six months;
- resulted in a hospital stay and surgery; or
- killed the victim.
Can I file a claim if my child died from a vaccine injury?
In the event that someone dies from a vaccine injury, the personal representative of the deceased victim’s estate can seek wrongful death benefits. This amount is limited by law to $250,000 plus legal expenses.
Which vaccines are covered by the VICP?
The following vaccines are covered by the VICP:
- Chicken pox
- Hepatitis A
- Hepatitis B
- Meningococcal disease
- Pneumococcal conjugate
- Whooping Cough
Other vaccines are added to this list from time to time.
What kinds of losses can be claimed?
Compensation is available for the following types of losses:
- Medical expenses
- Legal expenses
- Loss of future earnings
- Pain and suffering (limited to $250,000)
- Death (limited to $250,000 including medical expenses and loss of future earnings)
Our Professional Reputation
At E. Stewart Jones Hacker Murphy, the world keeps showering our attoreys with recognition:
- We have been named a first-tier Albany law firm by U.S. News every year since 2011.
- Our lawyers enjoy top rankings from the AVVO legal rating service and the Martindale Hubbell legal directory.
- Several of our lawyers are members of the International Academy of Trial Lawyers (only 500 lawyers in the United States qualify).
- Many of our lawyers are listed among America’s Top 100 Attorneys.
We’re on Your Side
E. Stewart Jones Hacker Murphy has been practicing for more than a century, and our outstanding track record demonstrates why so many clients have placed their trust in us and our attorneys for so long. Since vaccine injury cases require a mastery of both scientific and bureaucratic complexity, experience makes a difference – perhaps the critical difference.
We maintain offices in Albany, Troy, Latham, and Saratoga, and we serve clients throughout the Capital Region, upstate New York, and beyond. If you suspect that you or your child in a victim of a vaccine injury, contact us today to schedule a free case consultation with an Albany vaccine injury lawyer.