The National Childhood Vaccine Injury Compensation Program (NVICP) is a federal program that was created to help people who have been injured by certain vaccines. The NVICP is administered by the Department of Health and Human Services (HHS) and is funded by taxes paid on vaccines. There are several vaccines covered under this act including influenza, measles-mumps-rubella (MMR), human papillomavirus (HPV), and the diphtheria-tetanus-pertussis vaccine (DTaP). For a more thorough list of covered vaccines, view the Vaccine Injury Table.
DTaP is a vaccine meant to help protect children from diphtheria, tetanus and whopping cough. Unfortunately, DTaP has also been associated with causing adverse reactions in some children who have received it. The Tuason family had a daughter who received a DTaP vaccine in June 2009. Her parents alleged that the DTaP vaccine caused her to suffer from Guillain-Barré syndrome (“GBS”). GBS is a rare disorder in which someone's immune system attack and damages its own nerves. Symptoms typically begin with weakness in the arms and legs and in extreme cases can lead to paralysis.
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Due to the severity and longevity of the child's symptoms, the family pursued compensation through the NVICP by filing a petition in the Federal Court of Claims. The respondent (defense attorney) in Tuason's case denied that the DTaP vaccine was the cause of her GBS, but agreed to a settlement on the claim which resulted in compensation. The compensation awarded through the negotiated stipulation included:
A lump sum payment of $195,000 to Tuason
A lump sum payment of $823.75 to Tuason's mother to compensate for out-of-pocket litigation expenses
A lump sum payment of $26,000 to cover the costs and fees of Tuason's attorney
By utilizing the NVICP, the Tuason family was able to receive almost $200,000 in compensation and their legal fees were paid for by the Court.
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.