Vaccine Injury
The focus of Ms. Widman’s practice is in vaccine injury matters. She is admitted to practice in the Court of Federal Claims, also known as the “Vaccine Court.” This is a federal admission that allows her to represent clients across the entire country who have suffered a wide variety of injuries as a result of various vaccines. The Vaccine Court operates almost entirely virtually, making it accessible to clients in any State. Ms.Widman has spent the past seven (7) years developing her practice in this area, creating an astute network of medical experts.
Although immunization has played a pivotal role in deterring disease outbreaks and pandemics in the United States, it is not a perfect science. Vaccinations are recommended for people of all age groups, from their first few years of life well into their golden years. Newborns are scheduled to receive the Hepatitis B shot within 12 hours of birth, and then an additional 47 injections before they are six years old. For everyone older than six months, the flu shot and the covid vaccines are recommended.
Unfortunately, in some instances, the recommended vaccines cause injuries. This is well-known and well-documented by the Government, who monitors the number of vaccine injuries, as well as the types of injuries caused by each named vaccine. In response to injuries caused by vaccines, Congress enacted the National Childhood Vaccine Injury Act of 1986, which created the Vaccine Injury Compensation Program (VICP), beginning on October 1, 1988. Initially, the law was enacted to compensate and assist babies who were injured by the DTP vaccine. However, over the years, the VICP has expanded to include several additional, specific vaccines and injuries for both children and adults.
Vaccines included on the Vaccine Injury Table in the Vaccine Court include seasonal influenza vaccines, tetanus vaccines (e.g. DTaP and DTP), vaccines containing measles, mumps, and rubella virus or any of its components (e.g., MMR, MM, MMRV), Hepatitis B vaccines, Varicella vaccines, Pneumococcal conjugate vaccines, and Human papillomavirus (HPV) vaccines.
Specific Injuries- What is SIRVA (Shoulder Injury as a Result of Vaccine Administration)?
- What is CIDP (Chronic Inflammatory Demyelinating Polyradiculoneuropathy)?
- What is ADEM ( Acute Disseminated Encephalomyelitis)?
- What is GBS (Guillain-Barré Syndrome)?
A claim in Vaccine Court is not a traditional lawsuit. Rather, it is based on a no-fault system of compensation. However, if your claim is denied in Vaccine Court, or if you do not agree with the award in Vaccine Court, you may be able to file a traditional lawsuit in a trial court after you resolve your claim in Vaccine Court.
The Vaccine Court is designed to compensate and assist vaccine injured people. For that reason, the Court pays all attorneys fees and costs on behalf of the claimants. This is unlike the traditional civil court attorney compensation structure that usually allows for attorneys to accept 1/3 of the award to pay their fees. In Vaccine Court whatever you recover, whether by settling or trying and winning your case, is compensation and assistance that goes solely to you or your child. You also do not pay your attorney if your claim is dismissed.
There is a strict statute of limitations that applies to Vaccine Injury Claims. In order to be eligible to file a claim, you must do so within three (3) years from the date of first onset of your injuries, or two (2) years from the date of death, if a death occurred as a result of a Vaccine.
In order to be eligible to file a claim, you must show with medical documentation that:
- You received the vaccination that you claim caused your injury, and
- The effects of your injury have lasted; either for more than six (6) months after you received the vaccine, OR resulted in a hospital stay and surgery, OR resulted in death.
Anyone can file a claim on their behalf, or on their child’s behalf, in the Vaccine Court, but Vaccine Injury cases involve medical and legal nuances that would be more easily handled by a vaccine injury attorney.
COVID-19 Vaccine InjuryInjuries stemming from the administration of the covid-19 vaccine are not currently being accepted/heard in the Vaccine Court. Rather, claims for injuries from the covid-19 vaccine are currently being heard in the Countermeasures Injury Compensation Program. There is a strict one (1) year statute of limitations to file in this program. You can read more about the CICP here. Our firm is able to assist with filing in the CICP. If you or a loved one has been injured by the covid-19 vaccines and/or booster shots, contact us today for a free consultation.
No matter what State you live in, if you or a loved one was injured by a vaccine, call Widman Law Firm. The consultation is free and for a claim filed in Vaccine Court, you will never pay attorney’s fees, whether you lose, settle or win at trial. We are available 24 hours a day, seven days a week. (609) 848-5692.