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Flu Vaccine
The Flu (Influenza) Vaccine is developed each year to address the expected strains of the influenza virus. The influenza virus can cause a range of symptoms from fever and chills with body ache, fatigue, headache, sore throat, nasal congestion, nausea, vomiting and diarrhea to more severe cases that result in pneumonia, bronchitis, sinus and ear infections, and fatalities, primarily in the elderly, young children, pregnant women and those with underlying health conditions.
The vaccine is updated every year to protect against the current strains. According to the CDC the most effective year achieved a 60% efficacy rate in stopping the flu and in the least effective year the rate was only 19%.
What are the Injuries associated with the Flu Vaccine?
Although the vaccine is generally safe, there are known adverse side effects. The National Vaccine Compensation Injury Compensation Program (VICP) lists specific injuries that are presumed compensable because they are presumed to be caused by the flu vaccine. It is important to know when symptoms started and their exact nature, because the VICP is very specific about injuries presumed to be caused by the flu vaccine. Presumed injuries include anaphylaxis occurring within hours, SIRVA (shoulder injection injuries) occurring within 48 hours, vasovagal syncope (fainting) within 1 hour of injection and in very rare instances Guillain-Barre Syndrome (GBS) occurring between 3 and 42 days after vaccination which causes muscle weakness and paralysis. Other adverse effects reported but not recognized as presumably caused by the vaccine include the serious neurological diseases known as transverse myelitis and encephalopathy.
As with all medications including vaccines, the benefits of vaccination must be weighed against these known but rare risks. The Centers for Disease Control and Prevention (CDC) recommends annual flu vaccination for those at high risk for complications, such as young children, older adults, pregnant women, and individuals with underlying health conditions. The vaccine is usually given before flu season, which peaks in the winter months.
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 time frames set forth therein, or the petitioner must show through medical evidence that the injury was more likely than not caused by the vaccination. If a petitioner establishes that the vaccine either meets the requirements of a “table injury” or likely caused the 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 are complex issues in medicine and immunology that must be analyzed and proven in a claim for a vaccine injury. Even relatively straightforward on-table cases require detailed proof of medical injuries to establish damages. Other injuries not listed on the table require complex medical and expert proofs on both the causal connection and the resultant injuries. The program has strict criteria for proving a vaccine injury that requires legal and medical documentation, and this is best handled by attorneys who have experience in the Vaccine Compensation program. Our attorneys have been handling Vaccine Injury Compensation claims since the inception of the Program in 1988.
Vaccine Injury

Combining Extensive Legal and Medical Knowledge
In any injury claim, medical issues are of paramount importance. Therefore, your lawyer must have a strong understanding of how these matters relate to your lawsuit. One of our firm’s partners, Armand Leone, is a board-certified diagnostic radiologist, in addition to being a lawyer. His intensive medical knowledge is invaluable in the investigation and litigation stages of every case. Our attorneys will work closely with you throughout your case to develop a strategy that suits your needs.