LEGAL GUIDE
Written by attorney Mitchell Scott Sexner | Aug 29, 2013

Vaccine injury medical malpractice

Vaccines are intended to guard us against illness. That is why every child in America is required to get certain vaccinations to help protect them and those around them. In addition to required immunizations, other vaccines are highly recommended by doctors to be administered to both children and adults. Some employers even encourage employees to get certain vaccinations. Vaccines exist for an ever increasing number of potential illnesses / diseases and are intended to guard against such medical conditions as chicken pox, whooping cough, measles, and polio. Although vaccines do in fact work to protect us against illnesses, the fact remains that they are not always without adverse reactions. Many adults and children experience debilitating and life-altering problems as a result of certain vaccinations. In extreme circumstances, death may even occur.

Because such injuries and deaths are known to happen, the federal government has set up a program called the National Vaccine Injury Compensation Program (NVICP) that offers financial compensation to victims and their families when certain vaccines result in injury or death. The US Department of Health and Human Services (HHS) in conjunction with the US Court of Federal Claims and the Department of Justice (DOJ) administers this program. The total amount of monetary payments paid to date have exceeds two billion ($2,000,000,000) dollars. Although questions still remain about whether autism is linked to vaccines, other injuries and conditions have been well established.

The National Vaccine Injury Program identifies the vaccines for which compensation can be recovered and they include:

  • Pneumococcal conjugate (PCV)
  • Haemophilus influenzaetype b (Hib)
  • Measles-mumps-rubella (MMR, MR, M, R)
  • Rotovirus (RV)
  • Trivalent influenza (TIV, LAIV)
  • Diphtheria, pertussis, tetanus (DTaP, Tdap, DTP-Hib, DT, Td)
  • Meningococcal (MCV4, MPSV4)
  • Papillomavirus (HPV)
  • Hepatitis B (HBV)
  • Hepatitis A (HAV)
  • Polio (OPV or IPV)
  • Varicella (VZV)

Although the federal government has set up this program to help with such injuries and deaths, like other federal programs, most people consider navigating its requirements to be quite complicated and the assistance of an experienced attorney is well advised to help procure proper monetary compensation.

Additional resources provided by the author

If you or a family member has suffered a accident or injury, we urge you to contact an experienced attorney. Such an attorney will carefully evaluate your case and explain the legal options available to you at no charge.

Rate this guide


Avvo personal injury email series

Sign up to receive a 3-part series of useful information and advice about personal injury law.

Can’t find what you’re looking for?


Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer