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Personal Injury And Medical Malpractice Attorneys

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What is the COVID-19 Vaccine?

The coronavirus disease 2019 (COVID-19) was deemed a public health threat, and a COVID-19 vaccine was rapidly developed with new mRNA technology as a countermeasure to the pandemic. This means that any alleged injuries resulting from the COVID-19 vaccine must currently be filed in the Countermeasures Injury Compensation Program (CICP), which is a program that was created by the Public Readiness and Emergency Preparedness Act (PREP). Unlike the Vaccine Injury Compensation Fund, the CICP only provides compensation for medical bills to individuals injured as a direct result of the administration or use of a covered countermeasure.

The COVID-19 vaccine was developed to prevent infection spread between people and to prevent infected individuals from becoming seriously ill or dying. The COVID-19 virus itself usually causes flu-like symptoms like fever and chills, cough, shortness of breath, fatigue, congestion, nausea and body aches. A unique feature of COVID-19 infection is the loss of taste or smell, along with the other symptoms. More rare but more serious injuries from this virus include pneumonia and respiratory distress, blood clots, myocarditis, multi-system inflammation, and neurological injuries. A condition known as Long-COVID has been identified that causes fatigue, shortness of breath, joint pain, and cognitive issues for months or more after the initial infection.

The COVID-19 vaccines currently available in the United States are mRNA vaccines. Instead of injecting dead or inactivated viral proteins into the body to make antibodies, actual messenger ribonucleic acid parent (mRNA) is injected into the body entering cells and reprogramming the cells to make proteins against which the body will make antibodies.

  • Pfizer-BioNTech’s COVID-19 vaccine 2024-2025 formula, available for people age 6 months and older.
  • Moderna’s COVID-19 vaccine 2024-2025 formula, available for people age 6 months and older.
  • Novavax’s COVID-19 vaccine, adjuvanted 2024-2025 formula, available for people age 12 years and older.

COVID-19 morbidity and mortality are like other influenza viruses which can cause severe illness.

What are the Adverse Effects of the COVID-19 Vaccine?

In addition to common vaccine side effects, such as pain, swelling, and redness on the arm at injection site, fatigue, headache, muscle pain, chills, and nausea are common and have been identified by the CDC as adverse events after receiving the COVID-19 vaccine. However, the COVID-19 vaccine has already been shown to cause other severe reactions in the body, such as thrombosis in the brain and heart, myocarditis, sudden death, thrombocytopenia and neurologic conditions such as Bell’s Palsy and Guillain Barre Syndrome (GBS). Selected Adverse Events Reported after COVID-19 Vaccination (cdc.gov)

What Compensation is Available for a Vaccine Injury?

A person believed to have been injured by a COVID-19 vaccine must file a timely claim using the Request for Benefits form (RFB), available on the Health Resources and Services Administration (HRSA) website, within one year after receiving the vaccine. Countermeasures Injury Compensation Program Request for Benefits Form (hrsa.gov) The Secretary of Health and Human Services decides if the injury is directly linked to the COVID-19 vaccine. If it is determined that compensation is available under the CICP, recovery is limited to out-of-pocket medical expenses, lost employment income, and death benefits for eligible survivors. Unlike the VICP, individuals cannot claim compensation for pain and suffering, attorney fees, or expert witness reimbursement.

Why Contact an Experienced Vaccine Attorney?

At present, the COVID-19 vaccine remains in the CICP, but legislation has been introduced aiming to transfer pending COVID-19 vaccine claims from the CICP to the VICP. Should the COVID-19 vaccine become part of the VICP, claimants would be entitled to a limited amount for past and future pain and suffering, past and future medical expenses, rehabilitation costs, past and future lost earnings, and up to a $250,000 death benefit. An experienced vaccine attorney who is admitted to the Court of Federal Claims is important because knowledge about the program and what medical proofs are required to obtain compensation are critical to success. Complex medical issues must be analyzed and explained to prove that a vaccine injury is entitled to compensation. Success depends on an experienced vaccine attorney who can marshal the medical facts, experts, and arguments to help a vaccine-injured person obtain a favorable result.

Contact us today for help!