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Should I or Shouldn’t I vaccinate my child?

I am in my 2nd Trimester of pregnancy. I have been researching the Internet on Immunization. I will be honest I am possibly considering not having my child immunized. However, as this thought weighs heavily on my mind clearly I am undecided. I hav…

Phyllis’s Answer

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My niece is 17 years old and got a vaccination. After one week we noticed a bruise around it, it kept getting worst.

We took her to the doctor and they said to put ice over it. After that her whole arm was bruised and she was in pain. We took her to the ER and she got an emergency surgery. Turns out that she had an infection cellulite and a bacteria. She was in …

Phyllis’s Answer

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In this Lessons From a Vaccine Lawyer post, I lay out the specific vaccines that are covered in the Vaccine Court.  When I say “covered,” I am referring to the vaccines that people have received that the Court/Legislature has deemed to be a vaccine that could have caused an injury.

First, let’s look at the history of the Vaccine Injury Compensation Program (“VICP”).  Back in the 1980s, children were injured by the DPT (Diptheria Pertussis Tetanus) vaccine.  It is known today as the DTaP, which is for a reason.

To get technical for a second, the little “a” in DTaP is for acellular, which is supposedly a weakened variation of the Pertussis portion of the vaccine.  The following is from the WHO (World Health Organization) website regarding the Pertussis vaccine.

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This entry is part of my Lessons from a Lawyer series, which is aimed at providing basic information about vaccines, injuries and the Vaccine Court.

This post is regarding compensation (receiving a monetary award from the court or HHS) and paying your attorney, experts and filing fees for the lawsuit.

First, the court is designed to compensate victims of vaccine injury up to $250,000.00, which is the maximum amount for pain and suffering one can receive.  The Court also pays for future life-care for those permanently, or more severely, injured.  That amount is not capped.  For this reason, some awards, especially those for young children, can be well into the several million dollar range.

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In speaking with many people around the country, it is apparent that most people, including lawyers and doctors, are unfamiliar with and often unaware of the VACCINE INJURY COMPENSATION PROGRAM (VICP).

The following several posts on my website are part of a series whereby I will be providing information pertaining to the existence and running of the Vaccine Court as well as the Vaccines and Injuries as the source of the court filings.

This post specifically deals with Vaccine Injury Claims/Petitions.  Vaccine Injury claims are real.  They are filed as Petitions in the Vaccine Court (which is technically the U.S. Court of Federal Claims).  Petitioners may file as long as there is good faith and a reasonable basis to believe that an injury occurred as a result of receiving a vaccine(s).

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Vaccine Injury cases are handled in the United States Court of Federal Claims  (“Vaccine Court”).  There are several requirements that must be met in order to have the opportunity to prevail.

One of the main requirements is that the petitioner show (prove) that he/she received the vaccine alleged to have caused the injury.  When it comes to obtaining this information from medical records kept by one’s doctor, that should be easy.

The problem arises, when a person receives a vaccine from a pharmacy and there is no medical record.  If there is no witness and no receipt of payment as proof of receiving the vaccine, then how can a petitioner prove that his/her injury was in fact from any vaccine?

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The following quote is an excerpt from WNCN.com, a news program out of North Carolina in reference to the Zika virus and the potential syndrome caused by the virus:

“Zika is a very scary virus. It has been linked with a severe neurological disease, called Guillain-Barre syndrome (GBS), which can cause both temporary and permanent paralysis….”

My question is why hasn’t the news reported the same exact language in reference to one of the potential reactions people have to the flu vaccine (which people have with such prevalence that it was the number one paid out injury in vaccine court last year)?

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In 2015 the National Vaccine Injury Compensation Program (VICP) awarded petitioner’s a total amount of $204,137,880.22.  Of those awards, the Flu shot was the number one vaccine and GBS was the number one injury for which petitioner’s received compensation.

GBS (Guillain-Barré Syndrome) is a rare, but very serious condition that can be triggered by receiving the Flu shot.  If you, or someone you know, has developed GBS after receiving the Flu shot,  you may be able to file a petition in the VICP and receive compensation and monetary assistance for future life care.

If you believe you, or someone you know, developed GBS after receiving the Flu vaccine, please call the Widman Law Firm, LLC for a free consultation at 866.945.8586 and visit www.widmanlawfirm.com  for more information.

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SIRVA is an acronym for Shoulder Injury Related to Vaccine Administration. SIRVA occurs when the vaccine is injected too high on the arm, which can cause the contents of the shot to enter the bursa (a fluid-filled sac that protects the tendons of the shoulder). When this happens, the arm can become very painful and even immobilized-temporarily or permanently.

As a result of the higher prevalence of SIRVA injuries, the Government is considering adding this injury to the Vaccine Injury Table. The vaccine court has been compensating SIRVA injuries for the past few years. There is now a proposed rule to add SIRVA to almost every vaccine on the vaccine injury table as a possible adverse event.

The affect this would have is both positive and negative. The positive is that the injury is recognized as valid and compensable, which means an injured person can file a petition in vaccine court and potentially receive compensation more expeditiously than if a claim is filed in civil court.

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A new Federal Bill has been introduced to Congress that proposes to force States to require every child attending public school to be fully vaccinated, or be denied Federal grants.

This Bill does not allow the States to offer any vaccine exemptions to families who qualify.  There is a small exception carved out in the bill that would apply to a particular student, but only if a licensed physician certifies that receiving the vaccine would endanger to the child’s life.

This is a threatening Bill for families who cannot afford private school and who currently live in a State that allows religious and/or philosophical exemptions.

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