What Is the Varicella Vaccine?
Varicella, more commonly known as Chickenpox, is a highly contagious viral infection that causes an itchy and blister-like rash on the skin. Chickenpox is a highly contagious disease caused by varicella-zoster virus (VZV). The VZV also causes shingles, which occurs when the VZV reactivates in the body later in life.
In addition to skin infections, the varicella virus can cause pneumonia, inflammation of the blood vessels, swelling of the brain and/or spinal cord covering, and infections of the bloodstream, bone, or joints, or years later, herpes zoster.
Since the chickenpox vaccine became part of the routine childhood immunization schedule in 1995, there has been over 97% decrease in chickenpox cases. Vaccination is deemed he best way to prevent chickenpox and it is recommended that children, adolescents, and adults receive 2 doses of chickenpox vaccine if they have never had chickenpox or were never vaccinated.
What Are the Adverse Effects of the Varicella Vaccine?
As with any vaccine, there can be side effects, but the risk of not getting vaccinated against the varicella virus outweighs the risks of becoming afflicted with the varicella virus according to the CDC. The National Vaccine Injury Compensation Program (VICP) is a federal program created to compensate people who may have been injured by certain vaccines. A person that suffers an injury following the administration of the varicella vaccine and meets certain requirements in terms of injury, onset, and duration, may be able to file a claim in the VICP. The Vaccine Compensation Injury Table identifies the following vaccine, injuries and time frames for a person that receives the varicella vaccine:
- Anaphylaxis, onset within 4 hours or less.
- Fever
- Joint Pain and Stiffness
- Varicella vaccine-strain viral disease with mild symptoms of chickenpox onset within 7-42 days
- Shoulder Injury Related to Vaccine Administration (SIRVA), onset within 48 hours or less.
The Vaccine Adverse Event Reporting System (VAERS) also indicates that:
- Pneumonia and Encephalitis have been reported especially in persons with a weakened immune system.
- Thrombocytopenia (low platelets) has been reported that causes hemorrhage and bleeding.
- Reactivation of vaccine-strain disease that causes shingles (herpes zoster).
These injuries typically need expert testimony to establish 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 varicella 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.