If your child is 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. Under the NCVIA, successful claimants receive compensation for medical, rehabilitation, counseling, special education, and vocational training expenses, diminished earning capacity, pain and suffering, and $250,000 for vaccine related deaths. Under the NCVIA, vaccine manufacturers are not liable for punitive damages, unless the manufacturer fails to comply with regulatory requirements, commits fraud, wrongfully withholds information, or other illegal activity.
An experienced West Palm Beach Child Injury Lawyer will advise a plaintiff that he or she may sustain a cause of action in negligence for administering a vaccination, instead of pursuing compensation under the NCVIA if he or she is not seeking damages for a "vaccine related injury." For instance, if a plaintiff sought a negligence claim against a pediatrician for negligently injecting a needle while administering a vaccination, and causing nerve damage to the child's sciatic nerve, the action was properly brought in state court. The rationale for not barring the action under the NCVIA is that the cause of action was not based on the physical effects of the vaccine.
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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