November 30, 2018

What Can You Do About Vaccine Injuries?


Flu season has begun in Wisconsin. People are going to get their annual check-ups and their flu shots. Most people have little or no problems after getting their vaccinations. On rare occasions, though, people can have serious side effects from the flu and other vaccines.

Severe side effects can come from two causes. Either the shot was given improperly, or the person was severely allergic or unusually sensitive to the vaccine.

When a Flu Shot is Given Improperly

You can get flu shots in many settings nowadays. You can go to your doctor’s office, a clinic or, sometimes, a drug store. No matter where you get your shot, the person giving it is legally required to follow proper procedures and meet certain standards of care.

If the person giving the flu shot is careless, they could make a mistake. They could give you the wrong vaccine or the wrong dose. If you are harmed by such a mistake, you may have the basis to sue for medical malpractice.

To prove medial malpractice for a vaccine injury, you need to show evidence that the person giving the shot did not meet the proper standards and that, as a result, you were injured. An experienced medical malpractice attorney knows what evidence you need to build a convincing case and knows how to find it.

When You Have a Bad Reaction to a Vaccine

Sometimes a shot may be given correctly, but the person receiving the shot could still have a severely bad reaction. This is rare, but it does happen. The federal government has a program called the National Vaccine Injury Compensation Program that helps people who have been injured by some vaccines, including the flu shot.

To apply for compensation from this program, you need to file a petition with a certain court, called the U.S. Court of Federal Claims. Medical employees of the government review your claim. If they recommend that you get compensation, a special master may hold a hearing and then makes a final decision.

You don’t have to have a lawyer to apply for compensation through this program. You are allowed to represent yourself in this process or represent a child if you are the parent or legal guardian. However, an experienced vaccine injury lawyer will be a big help. The procedures involved are very complicated. A lawyer will guide you through the process, knowing how to find and present evidence at the hearing to give you the best chance of being awarded compensation.  Additionally, the Program will compensate your attorney if you recover for you injury, and in many cases, even if you do not recover.

Talk to a Wisconsin Vaccine Injury Attorney

If you or a loved one have been injured by a flu shot or other vaccine, Gingras, Thomsen & Wachs, LLP are here to help. Contact us for a free consultation and case evaluation.

Nationally Recognized Law Firm