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Vaccine Programs

National Vaccine Injury Compensation Program

On October 1, 1988, the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660) created the National Vaccine Injury Compensation Program (VICP). The VICP was established to ensure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines. The VICP is a no-fault alternative to the traditional tort system for resolving vaccine injury claims that provides compensation to people found to be injured by certain vaccines.

Persons Eligible to File a Vaccine Injury Claim with Vaccine Attorney
You may file a claim if you received a vaccine covered by the VICP and believe that you have been injured. You may also file a claim if you are a parent or legal guardian of a child or disabled adult who received a vaccine and believe that the person was injured by this vaccine. Carol L. Gallagher represents people who may have been injured by a vaccine under the National Vaccine Injury Compensation Program (VICP).

This Federal program has over $3.4 billion set aside for vaccine injury awards.

If your vaccination or the side effects of a loved one’s vaccine went widely wrong within the last 2 years, call now to seek financial help with medical bills, long term care, death, pain or suffering. You may file a claim if you are the legal representative of the estate of a deceased person who received a vaccine and believe that the person’s death resulted from the vaccine injury.

Vaccine Injury Decisions

Carol L. Gallagher, Esquire LLC  has represented vaccine injury claimants, successfully obtaining millions of dollars in vaccine injury compensation and settlements from the National Vaccine Injury Compensation Program.

The National Vaccine Injury Compensation Program was created by Congress as a no-fault alternative to the traditional tort system for resolving vaccine injury claims. It provides compensation to people found to be injured by vaccines. Below are some of the decisions given by the Secretary of the Department of Health and Human Services in favor of Gallagher’s clients.

Hepatitis A

Decisions Related to Hep. A, Dtap, MCV K.A. V Sec’y of HHS

On January 29, 2012, K.A. filed a petition seeking compensation for her injuries resulting from the administration of a hepatitis A (Hep. A), varicella, tetanus-diphtheriaacellular pertussis (Tdap), and meningococcal (MCV) vaccinations. Petitioner sought compensation pursuant to the National Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq., alleging that she experienced an episode of syncope immediately after receiving these vaccinations on July 15, 2012, which caused her to suffer various injuries to her face, jaw and teeth. On April 30, 2012, the undersigned determined that petitoner was entitled to compensation.

Because this ruling contains a reasoned explanation for the special master’s action in this case, the special master intends to post it on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913
(Dec. 17, 2002). All decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information the disclosure of which would clearly be an
unwarranted invasion of privacy. When such a decision or designated substantive order is filed, a party has 14 days to identify such information and to move to redact such information before the document’s disclosure to the public. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such material from the final version available to the public. 42 U.S.C. § 300aa–12(d)(4); Vaccine Rule 18(b).

On June 12, 2012, a Joint Proffer on Award of Compensation (“Proffer”) was filed, in which the parties identified the amounts of damages which they agreed Petitioner should be awarded. Based upon review of the Proffer and the record as a whole, the undersigned finds the Proffer reasonable and that Petitioner is entitled to an award as set forth in the Proffer. Pursuant to the Proffer, attached and incorporated herein as Appendix A, the undersigned awards Petitioner the following:

1. A lump sum payment of $107,180.01 representing compensation for actual lost earnings ($579.15), actual and projected pain and suffering ($100,000.00), past unreimburseable medical expenses ($6,009.36), and projected unreimburseable expenses ($591.50), in the form of a check payable to Petitioner; and

2. A lump sum of $10,991.94 in the form of a check payable to Petitioner and Petitioner’s attorney, Carol L. Gallagher, Esq., for attorneys’ fees and costs. Petitioner agrees to endorse this payment to Petitioner’s attorney.

JOINT PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Projected Unreimbursable Vaccine-Related Injury Expenses
For the purposes of this proffer, the term “vaccine-related” is, as described in
respondent’s Rule 4(c) Report filed on April 23, 2012, limited to the one episode of syncope on July 15, 2010, and excludes any syncopal episodes that petitioner may experience thereafter. Based upon the evidence supplied by petitioner, the parties jointly proffer that petitioner should be awarded $591.50 for projected unreimbursable vaccine-related injury expenses as provided under 42 U.S.C. § 300aa-15(a)(1)(A).

B. Past Unreimbursable Vaccine-Related Injury Expenses
Evidence supplied by petitioner documents the expenditure of past unreimbursable expenses related to her vaccine-related injury. The parties jointly proffer that petitioner should be awarded $6,009.36 for past unreimbursable expenses as provided under 42 U.S.C. § 300aa- 15(a)(1)(B).

C. Actual Loss of Earnings
The parties agree that based upon the evidence supplied by petitioner, she incurred $579.15 in actual lost earnings as a result of her vaccine-related injury as provided under 42 U.S.C. § 300aa-15(a)(3)(A).

D. Anticipated Loss of Earnings
The parties agree that based upon the evidence of record, petitioner will be gainfully employed. Therefore, the parties jointly proffer that petitioner should be awarded no anticipated loss of earnings under 42 U.S.C. § 300aa-15(a)(3)(A).

E. Pain and Suffering
The parties jointly proffer that petitioner should be awarded $100,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4) and 15(f)(4)(A).

F. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against her.

G. Attorneys’ Fees and Costs
Petitioner has supplied documentation of reasonable attorneys’ fees in the amount of $10,485.00, and litigation costs in the amount of $506.94 incurred in pursuit of this petition. In compliance with General Order #9, petitioner has submitted a statement indicating that petitioner incurred no out-of-pocket expenses in proceeding on the petition. The parties jointly proffer that petitioner should be awarded $10,991.94 for attorneys’ fees and costs.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through lump sum payments as described below, and request that the special master’s decision and the Court’s judgment award the following:

A. A lump sum payment of $107,180.01, representing compensation for actual lost earnings ($579.15), actual and projected pain and suffering ($100,000.00), past unreimbursable medical expenses ($6,009.36), and projected unreimbursable expenses ($591.50), in the form of a check payable to petitioner; and

B. A lump sum of $10,991.94 in the form of a check payable to petitioner and petitioner’s attorney, Carol L. Gallagher, Esq., for attorneys’ fees and costs. Petitioner agrees to endorse this payment to petitioner’s attorney.

Hepatitis B (HBV)

Did you know that New Jersey mandates school children receive more immunizations than any other state?

The Hepatitis B (HBV) vaccine was licensed for infants in 1991. According to the Centers for Disease Control and Prevention (CDC), the first dose of Hepatitis B should be given within twelve (12) hours of birth IF mother has the hepatitis B infection. A second dose is recommended at one (1) to three (3) months of age, and a third dose at six (6) to eighteen (18) months of age.

Rarely, if ever, are vaccines suspected as the trigger or inciting cause of autoimmune disorders; however, the Hepatitis B vaccine has been associated with autoimmune disorders such as rheumatoid arthritis, reactive arthritis, neuropathy, vasculitis, thrombocytopenia, encephalitis, multiple sclerosis, and acute transverse myelitis as well as hearing and vision loss. The Hepatitis B vaccine is routinely administered to public workers such as medical assistants, police officers and firefighters.

Bill #497, sponsored by Assembly Woman Holly Schepisi, is pending in the New Jersey, 216th Legislative Assembly. State of New Jersey Bill #497. If passed, the bill would exempt children in New Jersey, under the age of six (6) years, from the Hepatitis B vaccine requirement IF the child’s mother tested negative for hepatitis B during pregnancy.

If you believe you or someone you know is experiencing an injury from a Hepatitis B vaccine (HBV), or any other vaccine, please contact our law office immediately because there is a three (3) year statute of limitations for vaccine injuries and a two (2) year statute of limitations for a vaccine related death.

You will never pay any attorney fees and you will never pay any part of your award to our law firm.

Influenza Vaccine/Guillain Barre Syndrome (GBS)

Influenza Vaccine Injury is the leading claim filed under the Vaccine Injury Compensation Program.

*In 2010, the ACIP (Advisory Committee on Immunization Practices) first recommended influenza vaccines for all persons in the United States 6 months of age and older. More recently, several states now recommend pregnant woman receive the influenza vaccine.

For years, flu vaccines for administration in the United States were trivalent-designed to protect against three (3) strains of the flu. During the 2013-2014 flu season, a quadrivalent vaccine was administered. The quadrivalent vaccine has four (4) strains of the flu vaccine.

Scientists make the flu vaccine before flu season begins by trying to predict which flu strains are likely to be most common during the upcoming season.

Use of vaccines has resulted in reports of neurological side effects and autoimmune conditions such as Guillain-Barre Syndrome (GBS). GBS is a disorder in which the body’s immune system attacks part of the peripheral nervous system. Symptoms of this disorder, such as weakness, fatigue, and/or tingling sensations in the legs or hands, can be subtle at first. Symptoms, such as weakness and abnormal sensations, spread to the arms and upper body. GBS can result in permanent paralysis. Other injuries reported following flu vaccine administration include Transverse Myelitis (TM), and encephalitis/encephalopathy in addition to other injuries.

Often times, the initial vaccine injury is subtle and the vaccine recipient does not associate these subtle symptoms with the influenza vaccine.

If you, a family member, or someone you know has been administered an influenza vaccine and has suffered side effects, you or that person may be entitled to compensation.

You will never pay any attorney fees and you will never pay any part of your award to our law firm.

*It is important to know that many influenza vaccines still contain thimerosal. Thimerosal is a mercury-containing organic compound (an organomercurial). Since the 1930s, it has been widely used as a preservative in a number of biological and drug products, including many vaccines.

Influenza Vaccine/Transverse Myelitis

Decisions Related to Influenza Vaccine L.S. V Sec’y of HHS

Petitioner was born on February 14, 1957. On November 22, 2005, she received influenza vaccine.

On Monday, December 19, 2005, petitioner had a consultation with Dr. Ricardo Y. Mabanta. Earlier that week, she had developed a cold, but no fever. She entered West Jersey Hospital Voorhees which diagnosed her with transverse myelitis and postviral infection. On December 25, 2005, petitioner had a consultation with Dr. Ellen K. Turner at West Jersey Hospital Voorhees. Two weeks earlier, petitioner had an upper respiratory infection with a runny nose and some sore throat, but no fever. She also had a flu shot at that time. Two weeks later, she had an unusual sensation in her lower extremities characterized by numbness, weakness, and inability to walk.

Dr. Ralph Costa testified first for petitioner. His office administered the flu vaccine to petitioner on November 22, 2005. It was not normal practice at his office to administer flu vaccine if a patient was showing signs of an upper respiratory infection. He has a note meaning petitioner took Sudafed on December 17th (Saturday) to go to a party. Sudafed is a short-acting drug. Dr. Costa did not think it could have an impact on petitioner’s transverse myelitis two days later. He did not see anything in petitioner’s medical records to indicate a cause for her transverse myelitis other than the flu vaccine. One of the causes of transverse myelitis that Dr. Greenberg lists in an article respondent filed in which Dr. Greenberg is a co-author is vaccinations.

Dr. Costa’s opinion is that petitioner’s November 22nd flu vaccination is the only hard fact that is able to be documented as the cause of petitioner’s transverse myelitis.

Petitioner prevailed in proving a prima facie case of causation in fact. Dr. Kinsbourne testified that but for petitioner’s receiving influenza vaccine, petitioner would not have had acute transverse myelitis.

Conclusion:
Petitioner is entitled to reasonable compensation. A telephonic status conference will be set to discuss how to resolve damages.

Shoulder Injury/(SIRVA)

R.H. V Sec’y HHS – Shoulder Injury

Shoulder Injuries. Rotator cuff injuries (see Rotator Cuff Injury/Subacromial Bursitis) and glenoid labral tears (see Glenoid Labral Tear) are the most common shoulder injuries. For fractures of the upper arm bone, see Upper Arm Fractures. The shoulder is a ball-and-socket type joint (so is the hip joint).

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Vaccine Injury Information Form Carol L. Gallagher offers more than 19 years experience in Vaccine Injury Representation, with no fee to client.