Firm-Wide

Can Someone Hurt by the COVID-19 Vaccine File for Damages?

Can Someone Hurt by the COVID-19 Vaccine File for Damages?

By Burg Simpson
December 23, 2021
4 min read

Can Someone Injured by a Vaccine Sue for Damages?

By Burg Simpson Associate, Jessica Powell

While uncommon, in some cases vaccines can cause individuals to suffer significant health problems. If a person is injured by a vaccine, can they sue for damages? Generally no; however, the federal government has established a program through which individuals may be able to obtain compensation.

Why Can’t I Sue?

Undoubtedly, vaccines have been hugely beneficial to our society. They prevent most people from getting serious, and potentially deadly, illnesses such as measles, mumps, hepatitis A, and diphtheria, just to name a few.  Congress was worried that lawsuits against vaccine manufactures would reduce vaccination rates and vaccine supplies. Therefore, Congress passed legislation creating the National Vaccine Injury Compensation Program. Individuals injured by most common vaccines (such as measles, mumps, and the seasonal flu vaccine) must file a claim through the Program to seek compensation. If the National Vaccine Injury Compensation Program finds the vaccine caused the person’s injuries, then the injured person is entitled to compensation from the Program. Accordingly, the Program simultaneously protects most vaccine manufacturers from lawsuits, while providing some compensation to those who are injured.

Read more here about a new book about vaccine recovery by former Burg Simpson shareholder Janet Abaray

What Vaccines and Injuries are Covered?

The National Vaccine Injury Compensation Program covers the following vaccines:

  • Seasonal Influenza (“Flu”)
  • Diphtheria
  • Haemophilus influenza
  • Hepatitis A
  • Hepatitis B
  • Human papillomavirus (“HPV”)
  • Measles
  • Mumps
  • Meningococcal disease
  • Pertussis (whooping cough)
  • Pneumococcal disease
  • Polio
  • Rotavirus
  • Rubella
  • Tetanus
  • Varicella

Injuries covered by the Program vary by the vaccine but include brachial neuritis, encephalopathy, subacromial-subdeltoid bursitis, and Guillain-Barre Syndrome (flu vaccine only).

What About the COVID-19 Vaccines?

The COVID-19 vaccines are not currently covered by the National Vaccine Injury Compensation Program. Those who are injured by a COVID-19 vaccine may be eligible for compensation from another program, called the Countermeasures Injury Compensation Program. Information about this Program and how to apply can be found by clicking here.

What Compensation is Available Under the National Vaccine Injury Compensation Program?

Those injured by a vaccine may be able to recover up to $250,000 in pain and suffering, lost earnings, out-of-pocket expenses, and reasonable attorney fees and costs.

Burg Simpson Represents Individuals Who Have Suffered Injuries from Vaccines.

The National Vaccine Injury Compensation Program is complex and frequently denies claims. Burg Simpson’s vaccine lawyers fight to get those injured by vaccines the compensation they deserve. Additionally, because the Program pays for attorney fees and costs, it will not cost you anything to file a claim.

If you or a loved one has been seriously injured by a vaccine covered by the National Vaccine Injury Compensation Program, contact one of the experienced vaccine attorneys at Burg Simpson today. Click here to complete a free case evaluation or call one of our award-winning attorneys at Burg Simpson’s Cincinnati office at 513-852-5600.

About Burg Simpson Eldredge Hersh & Jardine

One of America’s foremost plaintiff trial firms, Burg Simpson Eldredge Hersh & Jardine, has a longstanding and nationwide reputation for fighting relentlessly and successfully for victims of negligence, malfeasance, malpractice, and abuse. Our attorneys have never hesitated to fight for our client’s rights and consistently face and defeat formidable adversaries that include big insurance companies, big banks, and big pharma.  Burg Simpson has secured more than $1 billion in verdicts, settlements, and judgments in practice areas spanning catastrophic personal injury, mass tort and class actions regarding gas explosions, dangerous pharmaceutical drugs and devices, medical malpractice, complex commercial and business litigation, construction defects, and workers’ compensation. The firm’s success has also included more than 200 recoveries in excess of $1 million.

Burg Simpson was founded in 1976 and now has more than 75 lawyers and over 90 legal professionals. The firm is based in Colorado and has offices in Arizona, Florida, Nevada, New Mexico, Ohio, California, and Wyoming.

Contact Burg Simpson Ohio for Help Now at (513) 852-5600

Free case evaluation form