US Court Awards $2.49 Million For ‘Flu Vaccine Injury’

The U.S. Vaccine Court awarded $2.49 million to a 39-year-old woman who had received an influenza vaccination and was subsequently diagnosed with Transverse Myelitis, as a result of the vaccination. 

Transverse myelitis is an inflammation of the spinal cord, a major part of the central nervous system, says the National Institute of Health. 

This woman was hospitalized for several months, suffering from paralysis, loss of vision, and other complex injuries. 

The U.S. Vaccine Court reviewed the matter, along with the Justice Department who defends the cases, and a settlement was reached for her injuries that included future payments for needed care. 

During FY 2019, there have been 276 awards granted, and $131,485,775 paid out from the Vaccine Injury Compensation Program (VICP), as of April 1, 2019. 

This compares with FY 2018 when 522 cases were settled, and $226,628,298 paid out of the VICP fund. 

Attorney Randy Knutson explained in a press release ‘that when USA citizens are injured by a vaccine, they can apply to the U.S. Vaccine Court which reviews cases and provides compensation when appropriate.’ 

"While injuries from vaccines are rare when they do occur the Vaccine Court can step in and compensate folks for their injuries, and their future care.” 

“When the check arrives for the settlement, the client gets the entire amount, its tax-free, and the attorney receives no part of the settlement,” said Knutson. 

The National Childhood Vaccine Injury Act of 1986 created the VICP, a no-fault alternative to the traditional tort system. 

According to the CDC, from 2006 to 2017 over 3.4 billion doses of covered vaccines were distributed in the USA. For petitions filed in this time period, 6,253 petitions were adjudicated by the Court, and of those 4,291 were compensated.   

This means for every 1 million doses of vaccine that were distributed, 1 individual was compensated.   

Over that 30-year time period, 17,772 petitions have been adjudicated, with 6,465 of those determined to be compensable, while 11,307 were dismissed.

Total compensation paid over the life of the program is approximately $4.1 billion.

Being awarded compensation for a petition does not necessarily mean that the vaccine caused the alleged injury. 

In fact, approximately 70 percent of all compensation awarded by the VICP comes as result of a negotiated settlement between the parties in which HHS has not concluded, based upon the review of the evidence, that the alleged vaccine(s) caused the alleged injury. 

In those circumstances, attorneys are paid by the VICP directly.   

By statute, attorneys may not charge any other fee, including a contingency fee, for his or her services in representing a petitioner in the VICP. 

The VICP is funded by a $.75 excise tax on vaccines recommended by the Centers for Disease Control and Prevention for routine administration to children, the excise tax is imposed on each dose of a vaccine. The measles-mumps-rubella vaccine, which prevents 3 diseases, is taxed $2.25.

Relevant Links:  CDC vaccination schedules, CDC price list, how to report vaccine side effects, and international travel alerts.