In 1986 Congress created The National Childhood Vaccine Injury Act. This act established the National Vaccine Injury Compensation Program (VICP). The VICP is a way for people to receive compensation if they have been injured by a covered vaccine.
Some vaccine injury claims can be resolved through a settlement agreed to by the petitioner (person who made the claim) and respondent (representative from the U.S. government) without the need for the special master to rule on the merits of the claim. A settlement can also be reached when the respondent agrees to award compensation even if they do not believe the vaccine caused injury. Other times, the respondent does not agree with the petitioner and does not award compensation.
The Agarwal family experienced a 5-year claim that resulted in compensation of over $2 million. In February of 2016, the Agarwal family filed a claim with the VICP as a result of their daughter receiving the tetanus, diphtheria, and pertussis (TDaP) vaccine, and the Meningococcal (Menactra) vaccine. Both TDaP and Menactra are common childhood vaccines meant to protect against illnesses such as tetanus, whooping cough, and meningococcal.
If you've been hurt by a vaccine, and don't know what to do next, download our Consumer's Guide to Vaccine-Related Injuries.
As a result of the two vaccines, Agarwal contracted a form of encephalitis known as autoimmune limbic encephalitis. Encephalitis is inflammation of brain tissue that causes the brain to swell. This leads to headaches, stiff neck, light sensitivity, and seizures. Along with those symptoms, autoimmune limbic encephalitis can also cause short-term memory loss, behavioral changes, and psychosis.
The respondent of the claim recommended against compensation, sending the claim to an entitlement hearing. At the Entitlement Hearing, the Agarwal family had to establish causation-in-fact, meaning they had to show the vaccine was the cause of the encephalitis. They presented thorough medical reports and expert testimonies. The Agarwal family was awarded a lump sum of $2,022,234.46 in compensation for pain and suffering, first-year life care expenses, and future lost earnings.
The National Childhood Vaccine Injury Act has helped many families like the Agarwals receive compensation for injuries caused by vaccines.
We at DuPont and Blumenstiel are proud to be part of a small group of law firms that focus on representing persons with vaccine related injuries. Call 614-389-9711 today to have your case evaluated.