When you receive a vaccination, you expect it to protect your health safely and effectively. While vaccines are generally safe and serve as vital tools for public health, rare but serious adverse reactions can occur— leading to severe medical complications, long-term disability, and financial strain. If you or a loved one has suffered a serious injury after vaccination in New York, the experienced attorneys at the Porter Law Group are here to help. We guide clients through the complex federal compensation system and fight to secure the compensation they rightfully deserve.
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Filing a claim through the National Vaccine Injury Compensation Program (VICP) can feel overwhelming, but you don't have to face this complex process alone. Our skilled legal team at The Porter Law Group has successfully helped injured clients across New York State navigate the intricate requirements of vaccine injury claims. We thoroughly investigate the connection between your vaccination and injury, gather compelling medical evidence to build a strong case, and advocate tirelessly for your rights against experienced government attorneys.
We offer free, no-obligation consultations and work on a contingency fee basis—meaning you pay no fees unless we win your case. Under the unique VICP system, attorney fees are paid separately from your compensation, ensuring you receive 100% of any award. Contact us today at 833-PORTER9 or email info@porterlawteam.com to learn how we can help protect your rights before critical deadlines expire.
Unlike traditional personal injury claims, vaccine-related injuries fall under a special federal program. The National Vaccine Injury Compensation Program (VICP), created by Congress in 1986, was designed as a no-fault alternative to civil litigation. It allows victims to receive compensation without needing to prove that a vaccine manufacturer acted negligently. Instead, the focus is on whether a covered vaccine caused a qualifying injury within the program’s timeframe.
The VICP balances the public good achieved by widespread vaccination with the rights of individuals who suffer serious adverse effects. Under this framework, you only need to demonstrate that you received a covered vaccine and subsequently developed a qualifying injury within specified timeframes—not that anyone acted negligently or carelessly.
It’s important to note that COVID-19 vaccine injuries are not covered under the VICP. Instead, they fall under the Countermeasures Injury Compensation Program (CICP), which has different rules, procedures, and notably lower approval rates. Identifying which program applies to your injury is critical to your legal strategy and potential recovery.
Vaccine injuries can manifest in various ways, ranging from localized injection site problems to serious systemic complications affecting multiple organ systems. Understanding these different categories helps identify whether your condition may qualify for compensation under the federal program. Common compensable injuries include:
Shoulder Injury Related to Vaccine Administration (SIRVA): SIRVA occurs when a vaccine is improperly administered into the shoulder, often too high or too deep into muscle tissue, or at incorrect angles. This can inflame the bursa, tendons, or ligaments, resulting in chronic pain, limited mobility, and long-term physical therapy needs. It is among the most frequently compensated injuries under the VICP.
Neurological Injuries: Some vaccines have been linked to serious neurological complications. Guillain-Barré Syndrome (GBS)—often associated with seasonal flu vaccines—causes the immune system to attack nerve cells, leading to numbness, weakness, and sometimes paralysis. Other recognized complications include seizures, encephalitis (brain inflammation), and autoimmune disorders affecting the nervous system.
Severe Allergic Reactions: Anaphylaxis is a rare but life-threatening allergic response that may occur shortly after vaccination. Without immediate emergency care, it can cause breathing difficulties, cardiac arrest, and long-term health consequences.
The Gardasil HPV vaccine, manufactured by Merck to prevent certain human papillomavirus (HPV) infections, has been associated with a range of serious adverse reactions that have led to successful compensation claims through the VICP.
Neurological Complications: Conditions like Postural Orthostatic Tachycardia Syndrome (POTS) and Complex Regional Pain Syndrome (CRPS) are among the most reported. POTS affects heart rate and blood flow, causing dizziness, fainting, and extreme fatigue. CRPS is marked by intense, chronic pain, swelling, heightened sensitivity, and abnormal skin changes. Other neurological side effects include Guillain-Barré Syndrome, seizures, chronic fatigue syndrome, and movement disorders impacting quality of life.
Autoimmune Disorders: These conditions suggest the vaccine may trigger inappropriate immune responses in some individuals. Documented cases include autoimmune hepatitis where the immune system attacks liver cells, inflammatory bowel disease affecting the digestive system, rheumatoid arthritis causing joint inflammation, and systemic lupus erythematosus affecting multiple organ systems. Some cases have involved ovarian dysfunction and premature ovarian failure, potentially affecting fertility and requiring hormone replacement therapy.
Gardasil injury cases often involve delayed symptom onset, complex causation requirements, and require expert testimony to prove causation. Recent settlements have ranged from $15,000 for less severe injuries to over $500,000 for more complex cases, reflecting the diverse nature of injuries and individual circumstances involved.
Unlike traditional product liability cases, vaccine injury claims through the VICP operate under a no-fault system where proving negligence isn't required. However, understanding the parties typically involved in vaccine development, manufacturing, and distribution helps contextualize how injuries occur and why the federal compensation system was created.
Pharmaceutical Manufacturers: Companies like Merck, Pfizer, and GlaxoSmithKline bear primary responsibility for vaccine development, testing, and manufacturing. The VICP system protects these manufacturers from traditional lawsuits while ensuring compensation for injured parties through the federal program funded by excise taxes on vaccines.
Healthcare Providers: While healthcare providers generally aren't liable under the VICP system, their role in proper vaccine administration and patient education remains crucial. Improper injection techniques leading to SIRVA cases highlight the importance of proper training and administration protocols.
Federal Oversight Agencies: The CDC and FDA oversee vaccine safety monitoring through systems like VAERS (Vaccine Adverse Event Reporting System), which tracks potential adverse reactions and helps identify safety signals that may warrant further investigation.
Understanding previous VICP settlements demonstrates the substantial compensation available for legitimate vaccine injuries and the program's active role in providing fair compensation to injured parties.
National VICP Statistics: The VICP has paid over $4.5 billion in compensation since its inception in 1988, covering approximately 9,500 claims. The inclusion of flu vaccines in 2005 contributed to a significant increase in adult claims.
Recent New York Settlements: New York residents have received substantial compensation through the VICP. In 2024, settlements included $76,570.35 for SIRVA from a flu vaccine, $35,000 for another SIRVA case, and $15,000 for adhesive capsulitis from an HPV vaccine. Historical settlements from 2022 show awards of $71,440, $60,798.50, and $50,000 for various SIRVA cases, demonstrating consistent compensation for legitimate injuries.
Settlement Ranges by Injury Type: SIRVA cases typically range from $15,000 to $150,000 with an average around $70,000. Guillain-Barré Syndrome cases often result in higher settlements ranging from $100,000 to over $1 million depending on severity. Fatal cases can result in settlements of $500,000 or more including death benefits and survivor compensation.
The VICP provides comprehensive compensation designed to address both immediate and long-term consequences of vaccine injuries, covering various categories of damages that recognize the full scope of impact these injuries can have on victims and their families.
Medical Expenses: The program covers all past medical expenses directly related to vaccine injuries, from initial emergency treatment through ongoing rehabilitation. Future medical costs reasonably expected to result from injuries are also covered, including anticipated surgeries, long-term medications, medical equipment, home healthcare services, and other interventions necessitated by vaccine injuries.
Economic Losses: Lost wages during recovery periods are reimbursed based on documented income and employment records. Compensation for diminished earning capacity addresses long-term economic impact when injuries result in permanent disabilities affecting victims' ability to work, including situations requiring workplace accommodations or career changes.
Pain and Suffering: These damages acknowledge impacts extending beyond measurable economic losses, compensating for physical pain, emotional distress, and reduced quality of life. While capped at $250,000 under the VICP, they provide important recognition of non-economic impacts significantly affecting victims' daily activities and relationships.
Wrongful Death Benefits: In fatal cases, the program provides compensation for deceased victims' lost future earnings, funeral and burial expenses, and pain and suffering experienced prior to death, helping support surviving family members during difficult times.
Unique Fee Structure: Attorney fees are paid separately from client compensation, even for unsuccessful claims filed in good faith. This ensures clients receive 100% of compensation awards without reduction for legal representation costs, making quality representation accessible regardless of financial circumstances.
The VICP imposes strict statute of limitations requirements that are rarely extended, making prompt legal action essential for preserving your rights. These deadlines are more stringent than most other areas of law and don't typically allow for the discovery rule extensions common in traditional personal injury cases.
Injury Cases: Petitions must be filed within three years of the first symptom or manifestation of the vaccine injury, regardless of when you discovered the vaccine might have caused your condition. This timeline begins from the onset of symptoms, not from diagnosis or recognition of the connection to vaccination.
Death Cases: Petitions must be filed within two years of the date of death AND within four years of the first symptom of the injury that led to death. Both deadlines must be met, and failure to satisfy either timeline results in claim dismissal.
Limited Exceptions: Unlike many other areas of law, these deadlines have very few exceptions. The federal courts generally don't allow equitable tolling or discovery rule extensions, emphasizing the critical importance of seeking legal consultation immediately after experiencing serious adverse reactions to vaccines.
Recent developments in vaccine injury litigation highlight ongoing concerns about various vaccines and the evolving nature of compensation claims under the VICP system.
SIRVA Litigation: The dramatic increase in SIRVA cases reflects growing awareness of proper injection techniques and the consequences of improper vaccine administration. The increased awareness has led to improved training and higher compensation rates.
Gardasil Litigation: HPV vaccine cases continue to generate significant litigation due to the complex nature of reported injuries and ongoing debates within the medical community about causation. Recent cases have involved neurological conditions, autoimmune disorders, and reproductive system effects that can be challenging to link definitively to vaccination.
Influenza Vaccine Cases: Seasonal flu vaccines continue to generate the largest number of VICP claims, particularly for SIRVA and Guillain-Barré Syndrome. The annual nature of flu vaccination campaigns and the large number of adults receiving these vaccines contributes to the ongoing volume of related injury claims.
Emerging Issues: New vaccine formulations, combination vaccines, and changing administration practices continue to generate novel legal and medical questions that require specialized expertise to address effectively in the federal compensation system.
The federal government employs experienced attorneys and medical experts specifically to defend against vaccine injury claims, making skilled legal representation essential for achieving fair compensation. The VICP system, while designed to be more accessible than traditional litigation, still involves complex procedural requirements and substantive legal standards that can be challenging to navigate without specialized knowledge.
Government attorneys have extensive experience defending vaccine injury claims and employ various strategies to minimize compensation or deny claims entirely. They often retain medical experts to challenge causation evidence and may argue for reduced compensation amounts even when they concede that vaccines caused injuries. Without experienced legal representation, claimants may not receive fair compensation for their injuries or may have valid claims dismissed due to procedural errors.
Our team at the Porter Law Group handles all communications with government agencies, manages complex federal court procedures, and advocates aggressively for maximum compensation while you focus on medical treatment and recovery. We're prepared to challenge government opposition and present compelling evidence to secure the compensation you deserve.
Q: How do I know if my injury was caused by a vaccine?
If you experienced unexpected or severe symptoms after vaccination, especially neurological problems, persistent pain, or autoimmune conditions, you may have a vaccine injury case. Our attorneys can review your medical records and vaccination history to determine whether your condition may be related to vaccination and qualify for compensation.
Q: What if I can't afford to pay legal fees upfront?
The Porter Law Group works on a contingency fee basis, meaning you pay no attorney fees unless we win your case. Additionally, under the VICP system, attorney fees are paid separately from your compensation, ensuring you receive 100% of any award.
Q: Can I still file a lawsuit if I signed a consent form before vaccination?
Yes. Consent forms don't prevent vaccine injury claims under the VICP system. The federal program operates independently of consent issues and focuses on whether covered vaccines caused qualifying injuries within specified timeframes.
Q: What if my doctor says vaccines don't cause injuries like mine?
Medical opinions vary, and some healthcare providers may be unfamiliar with recognized vaccine injuries. The VICP system has its own standards for evaluating causation, and our attorneys work with medical experts who specialize in vaccine injury cases to provide appropriate evidence.
Q: How long do vaccine injury cases typically take?
Timeline varies significantly depending on case complexity and whether the government concedes causation. Simple cases may resolve within 12-18 months, while complex cases requiring formal hearings can take several years. We keep clients informed throughout the process.
Q: Can family members file a lawsuit if someone died from a vaccine injury?
Yes. Surviving family members can file wrongful death claims through the VICP within two years of death and within four years of the first symptom. These cases can recover compensation for lost income, pain and suffering, and death-related expenses.
Q: What if multiple people were injured by the same vaccine?
While the VICP handles individual claims rather than class actions, similar cases may benefit from shared evidence and legal strategies. Our attorneys stay informed about patterns in vaccine injury cases that may strengthen individual claims.
Suffering from a Vaccine Injury in New York?
Reach out to our experienced team for a free consultation.
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
At The Porter Law Group, we understand the immense physical, emotional, and financial toll that a vaccine injury can take on you and your family. Let us handle the legal complexities of the federal compensation system while you focus on your recovery.
Don't let strict federal deadlines prevent you from seeking the compensation you deserve. Time is absolutely critical in vaccine injury cases, waiting too long could jeopardize your rights permanently. Take advantage of a free case evaluation with our experienced New York vaccine injury lawyers by calling 833-PORTER9 or email info@porterlawteam.com. We proudly serve clients throughout New York State and are ready to help you pursue the justice you deserve through the federal vaccine injury compensation system.
*Prior results do not guarantee a similar outcome.
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