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Child Injuries Due to Vaccination Side Effects

Florida Child Injury Lawyer : Child Injuries Due to Vaccination Side Effects

Most parents choose to vaccinate their children in order to protect them from dangerous diseases such as polio, tuberculosis, measles, mumps, rubella, chicken pox, etc.  Prior to the invention of vaccines, many people including children, lost their lives due to serious illnesses.  Generally, vaccines are safe and do protect children from harmful illnesses that may cause death or serious illness and life changing injuries.  However, occasionally something may go wrong and a child may be injured by a serious side effect of a vaccine. 

Congress enacted the National Childhood Vaccine Injury Act (NCVIA) to stabilize the vaccine market and facilitate compensation for injuries as a result of vaccines.  Under NCVIA, children injured by vaccines administered after October 1, 1988 are required to file a petition with the Department of Health and Human Services for compensation as a prerequisite to filing a civil action.  Additionally, under the Act, after October 1, 1988, no person may bring a civil action for damages against a vaccine administrator or manufacturer in an amount greater than $1,000, or in an unspecified amount, in either state or federal court, for damages arising from a vaccine-related injury or death, and no such court may award damages in an amount greater than $1,000 in such an action, unless:

  • A petition has been filed for compensation under the National Vaccine Injury Compensation Program, administered by the Federal Department of Health and Human Services;

    The United States Court of Federal Claims has issued a judgment on such petition; and

    The petitioner elects to file such an action.

     

    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. Therefore, the Act eliminates liability for a vaccine's unavoidable adverse side effects.

    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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