A child injured due to a side effect of a vaccine is entitled to compensation under the National Childhood Vaccine Injury Act (NCVIA) if the injury is listed under the Act. Additionally, claimants who show that a listed injury first manifested itself at the appropriate time are prima facie entitled to compensation under the NCVIA with no showing of causation being necessary. The U.S. Supreme Court recently decided that the NCVIA preempts all design defect causes of action against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death due to the vaccine's side effects. Moreover, under the NCVIA a claimant may recover for unlisted side effects and for listed side effects that occur at times other than those specified in the Act's Vaccine Injury Table, but for those the claimant must prove causation.
A West Palm Beach Child Injury Lawyer will advise a plaintiff that unlike in tort actions, claimants under the NCVIA are not required to show that the administered vaccine was defectively manufactured, labeled, or designed. Additionally, attorney fees are provided under the Act for both successful and unsuccessful claims that are not frivolous.
If your child is injured due to a side effect of a vaccine you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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