As more Alabama residents continue to receive the COVID-19 vaccine, some will suffer vaccine injuries. Unfortunately, individuals who suffer a rare vaccine injury are facing difficulties getting compensated. As of right now, those who become injured by the COVID-19 vaccine must submit a claim through a government program. Critics of this program point out that it is only offering payouts to a few of the applicants.
How Many People Have Suffered a COVID-19 Vaccine Injury?
So far, only a few people have filed petitions regarding COVID-19 vaccine injuries. Bloomberg law filed a Freedom of Information Act request and discovered that 20 people had filed vaccine-related petitions with the Department of Health and Human Services Countermeasures injury Compensation Program between January and February 16th, 2020. As more people receive the vaccine, experts anticipate more people will become injured by the vaccine.
The government agency in charge of overseeing claims does not have a history of paying out claims consistently. During a 10-year time frame, fewer than 40 of the 446 people who filed claims for vaccine injuries became eligible for compensation under the program. As of March 1st, only 5% of the people who filed claims have recovered compensation. There is no way for people who filed claims to discover what is happening with their claims right now.
Types of Vaccine Injuries Caused by COVID-19 Vaccines
Most side effects that come from COVID-19 vaccines include fatigue, chills, or muscle pain. These symptoms are typically short-lived and go away within a few days or a week. Those seeking compensation need to show that they have experienced limited mobility or pain that goes on for over a month to become eligible for compensation under both available programs. Victims need to include medical documentation and information showing that these symptoms have been ongoing since they received the COVID-19 vaccine.
Seeking Compensation After a COVID-19 Vaccine Injury
Vaccine injury victims have no guarantee of a hearing or any publicly available final decision. When disabled individuals file a claim to obtain Social Security disability benefits, they can appeal a denial of their claim in a public hearing with an administrative law judge. They are also entitled to know the reason that the Social Security Administration denied their claim. Victims of vaccine injuries do not have access to a similar administrative process.
There are two different ways to obtain compensation after a vaccine injury. Victims can seek compensation in the form of damages payments from the Department of Health and Human Services through one of the agency’s two programs — the Vaccine Injury Compensation Program (VICP) and the Countermeasures Injury Compensation Program. Those injured by COVID-19 vaccines cannot recover through the VICP program right now, as this program typically covers vaccines given to children. Advocates are pushing the government to expand the coverage of the VICP to allow victims to recover compensation through this program because it is easier to recover a greater amount of compensation through the VICP.
Consult With an Experienced Personal Injury Lawyer
If a COVID-19 vaccine has injured you or a loved one, you might be wondering how to navigate the system. Trying to recover compensation through a government claim can be a frustrating and complex process. The government agency in charge of deciding to award compensation is complicated. However, there are options available to you to pursue compensation.
The government may open up more Avenues to recover compensation as more vaccine injuries are reported. Consulting with an attorney is the best way to learn about your legal options and preserve your potential compensation claim. At Heninger Garrison Davis, we have successfully helped many clients who have been injured by medical treatments recover the compensation they deserve. We will carefully review your case and help you understand which options are available to you.
If you choose to file a claim with a government agency, we will submit your claim on your behalf so you can focus on your recovery. We understand how devastating immobility and chronic pain can be for our clients, and we believe that victims of vaccine injuries have a right to compensation. Contact the experienced personal injury lawyers at Heninger Garrison Davis today to schedule your initial consultation.
