What Is the Polio Vaccine?
The polio virus (poliomyelitis) is an infectious disease that largely affects young children, attacks the nervous system and can lead to spinal and respiratory paralysis, leaving a person unable to walk without leg braces, and confined to a wheelchair. In some cases, polio results in death. The virus enters the body by the oral or respiratory route and can quickly enter the bloodstream. There is no cure for polio but with the widespread use of vaccination introduced in 1955, the disease can be prevented. The vaccine has succeeded in eliminating polio in the United States but should still be given to all children because the virus exists in other countries and is brought to the United States by unvaccinated infected individuals entering the country. The only polio vaccine currently used in the United States is the Inactivated polio vaccine (IPV), administered by a vaccine injection. The oral polio vaccine (OPV) is no longer available in the United States, due to the risk of communication of polio to others from the live virus, but it is still used in other countries.
What Are the Adverse Effects of the Polio Vaccine?
Although there are side effects, the risk of not getting vaccinated against the polio virus outweighs the risks of the disease. Although most adverse side effects of the IPV are a sore area with redness, swelling, or pain at the site of vaccination, there is also a chance of a severe allergic reaction, shoulder injuries related to vaccine administration and anaphylaxis, which can result in death.
The time frame within which the National Vaccine Injury Compensation Program (VICP) presumes the injury was caused by the vaccine is within 30 days or less or, if an immunocompromised patient, within 60 days or less. Persons who do not meet these time frames may still be eligible for compensation if expert testimony can show the link between the vaccine and the injury.
What Compensation Is Available for a Vaccine Injury?
To be compensable, the vaccine-related injury must be present for at least six months. Injury must either be listed on the table of vaccine injuries and fit into these specific symptoms and timeframes, or the petitioner must show through medical evidence that the injury was more likely than not caused by the vaccination. If a patient establishes that the vaccine likely caused their injury, compensation can be awarded for medical and rehabilitative expenses, pain and suffering, lost earnings, and a death benefit if there was a fatal event. However, damages for past and future pain and suffering are limited to a maximum amount of $250,000.
Why Contact an Experienced Vaccine Attorney?
An experienced vaccine attorney admitted to the Court of Federal Claims is important for someone who may have been injured by a vaccination. Knowledge about the National Vaccine Injury Compensation Program (VICP) process and knowing the medical proofs required to obtain compensation are critical to success. There may be complex issues in medicine and immunology that must be analyzed and proven in a claim for a polio vaccine injury. The program has strict criteria for proving a vaccine injury that requires legally- and medically-complex documentation, and this is best handled by attorneys who have experience in the Vaccine Compensation Program.