Woman Awarded Over $600,000 in Damages Through the NVICP

Vaccines are meant to protect us from diseases and illnesses, and in most cases, they do just that. Unfortunately, a small percentage of people have adverse reactions to them. The federal government acknowledged this in 1986 with the creation of the National Childhood Vaccine Injury Act and the National Vaccine Injury Compensation Program (NVICP). Pharmaceutical companies pay into this fund, from which compensation to vaccine-injured individuals is paid out.

To be compensated for a vaccine-related injury, you must first file a petition with the Federal Court of Claims. Ms. Schettl did just that.

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In October of 2011, Ms. Schettl went in for a routine influenza (flu) vaccine. This vaccine would cause her to suffer from Complex Region Pain Syndrome (CRPS). CRPS is a chronic illness causing pain to a certain area of the body. In Schettl’s case, it was the arm. CRPS can be treated to reduce the effects, but it is ultimately incurable. Due to her injuries, Schettl filed a petition for compensation under the National Vaccine Injury Compensation Program in May of 2014. Ultimately, the US Department of Justice agreed with Schettl, that she was entitled to compensation. A decision awarding damages was filed in December of 2021.

Ms. Schettl was awarded a lump sum payment of $659,261 which is representative of three categories.

  • $21,220 was awarded for future life care expenses such as case management, housekeeping, yard care, and handyman services
  • $597,291 was awarded for lost wages
  • $40,750 was awarded for future pain and suffering

Schettl was also awarded an annuity contract. The contract required Schettl’s insurance to provide payments for items contained in her life care plan. A four percent growth rate was applied to all non-medical items on the life care plan, and a five percent growth rate was applied to all medical items included in the life care plan, with each growth rate compounding annually.

This is not the first vaccine injury that has been compensated through the National Vaccine Injury Compensation Program. Since its establishment in 1986, the program has awarded over $4 billion to over 22,000 claimants. The NVICP is an important safety net that helps to ensure that people who are hurt by vaccines can get the compensation they need.

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.