Vaccine side effects injury compensation claims
This easy-to-follow guide sets out what you need to know about making a vaccine side effects injury compensation claim.
Vaccines are only ever approved for the public after clinical trials have shown that the benefits of the vaccination outweigh the potential risks.
Despite this, a small number of people do report adverse health effects after receiving a routine jab. Sometimes these side effects can be very serious, affecting the quality of life of the patient and resulting in the need for long-term personal care.
Anyone who has suffered a severe adverse reaction to a vaccination may be eligible to make a claim. Damages may be sought through the civil courts or through the Vaccine Damage Payment Scheme.
If you have been injured in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
All vaccines have the potential to cause adverse health effects in some people. Most side effects are mild and short-lived, ranging from pain and swelling at the injection site to headaches and flu-like symptoms. All the known and material side effects are listed in the Patient Information Leaflet included with each dose of vaccine.
Very rarely, the patient may suffer an immediate allergic reaction to the vaccination. These reactions can be severe and potentially life-threatening. However, they typically occur in fewer than one in a million cases and are usually treatable by healthcare staff on site.
Some vaccines have been linked to a number of long-term disabling conditions, including:
- Chronic fatigue syndrome
- Rheumatoid arthritis
- Multiple sclerosis
- Neurological disorders.
Different vaccinations have been associated with different conditions.
Overall, the number of people reporting significant adverse health events is very rare when compared to the number of patients who don't report suffering any side effects at all.
I have a strong claim - why won't a solicitor take it on?
The Vaccine Damages Payment Scheme (VDPS) is a government-run scheme designed to compensate those who suffer severe disablement as a result of vaccination against certain diseases.
To make a claim, it must be proven that the vaccine has physically or mentally disabled the claimant by at least 60 percent. The percentage of disablement is determined by a medical adviser acting on behalf of the Department for Work and Pensions. The medical adviser considers whether the injuries are the result of the vaccination, and whether the severity of the disablement satisfies the 60 percent rule.
The maximum payment available under the Scheme is £120,000.
Various rules apply to the Scheme, and not everyone is eligible to apply. You can read more about claiming under the Vaccine Damage Payments Scheme here. [Chris, please insert link once article is approved]
- Does not satisfy the strict qualification criteria for the VDPS, or
- Is seeking damages in excess of the £120,000 statutory limit
may wish to consider making a personal injury claim through the civil courts. Depending on the circumstances, the claim might be brought against the Department of Health who licensed the vaccine for use, or against the manufacturer of the vaccine under the defective product provisions of the Consumer Protection Act 1987.
Whichever route is chosen, it should be noted that claiming compensation for a vaccine side effect injury can be extremely difficult. Proving a causal link between the vaccine and the resulting injury turns on complex scientific evidence and, in many cases, there may be other plausible causes for the claimant's injuries.
It is recommended that anyone who has suffered damage as a result of a vaccination consults an experienced personal injury solicitor. Receiving professional help and guidance will give them the best chance of making a successful claim and receiving the compensation they deserve.
Typically a no win no fee agreement (more correctly called a Conditional Fee Agreement) is entered into between the claimant and an injury solicitor.
The no win no fee agreement is basically the conditions under which the solicitor is instructed by the client.
The CFA lays out what the lawyer will do and how he or she is rewarded if your case is won.
If you choose our solicitors for your vaccine side effects compensation claim there are no hidden charges , nothing to pay up-front and the complete peace of mind that you will not be out of pocket.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
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About the author
Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.
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