Recent changes in the VICP (Vaccine Injury Compensation Program) may benefit those adversely affected with GBS following a flu vaccination. Not only will the changes help those adversely impacted with GBS following flu vaccination, the addition of the injury to the table also shows the amount of time it takes for change to occur in the VICP. The changes will apply only to petitions for compensation filed after the final ruling becomes effective, which is scheduled to be March 21, 2017.
To receive compensation in the VICP, a Petitioner must establish that a vaccine-related injury or death has occurred. Proof has to either be that a vaccine actually caused or significantly aggravated an injury; or by showing that the occurrence is what is referred to as a “Table Injury”. In short, a Petitioner must show that the vaccine recipient suffered an injury of the type set forth in the “Vaccine Injury Table”.
If you can prove that you had the vaccination and that the injury occurred per the definition of injury in the Table, you automatically proceed to the damage phase of the program. Table injury cases are much easier to prove and generally, the process through the VICP is much quicker than having to prove causation-in-fact (actually proving that a vaccine caused or significantly aggravated an injury).
Effective March 21, 2017, if you can prove that you received the flu vaccine, and were diagnosed with GBS, you will be entitled to compensation. Although there will be exceptions to the rule, this will make it easier for people suffering from GBS following vaccination to receive much needed compensation.
We have represented many individuals both young and old who have, unfortunately, experienced adverse reactions to the flu vaccine. Many of those injuries have been GBS. Guillain-Barré Syndrome (GBS) is an inflammatory disorder of the peripheral nerves outside the brain and spinal cord. Sometimes it’s called acute inflammatory demyelinating polyneuropathy or Landry’s ascending paralysis.
GBS is characterized by the rapid onset of numbness, quickness and often paralysis of the arms, legs, face and sometimes breathing muscles. Ascending paralysis means that it travels up the limbs from the fingers and toes toward the torso.
Many times, the symptoms improve over time; however, many times they are permanent and substantially impact a person’s ability to enjoy life and perform the activities that they used to be able to do prior to vaccination. Many of our clients have been unable to work and perform even the most routine daily functions.
Truly, any time the VICP makes it quicker and easier for someone to recover from the adverse reactions from vaccination it is good news. Of course, we need to wait and see the new table to determine all of the conditions and/or exceptions, the addition of GBS is still good news.
On the other hand, it is important to know that the changes to the rules effective March 21, 2017, came about because the Secretary of Health and Human Services Published a Notice of Proposed Rule Making to make revisions to the vaccine injury table in the summer of 2015. This notice was based upon a report done in 2012 regarding the adverse effects of vaccines. So, the changes that are effective in March 2017, stem from a study showing a link between flu vaccination and GBS from a report more than 5 years ago. Although I did not dig into the report, I am sure that the information contained in the report came from studies that were done years before the report. The process undoubtedly took well more than 5 years from start to finish.
Again, this is good news for victims injured from vaccinations, but it also shows how much time passes before changes are made in the VICP. I only hope that all of the people in the years before the change were able to receive compensation for their GBS injuries.
We have represented people injured and or killed as a result of adverse reactions from vaccinations since shortly after the program began in 1986. We have represented many GBS victims of the flu vaccine as well as other injuries from the flu vaccine. Should you, a loved one or a friend have any questions about GBS from the flu vaccine or any other injuries from the flu vaccine or other vaccinations, please contact us at 1(800)431-9776, email us at firstname.lastname@example.org or check out our website at https://khtlawyers.com. Our clients never pay fees or costs associated with a vaccine injury claim and we have helped people recover millions of dollars for vaccine injuries.
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