In the U.S., legislation prevents an individual from suing a company over the manufacture of a vaccine. Any other drug would work under different rules, but vaccines are considered of vital importance to the overall health of our country. Hence, we want to encourage manufacturers to create vaccines even if it means that some people will be injured.
### Why are people injured by vaccines?
Well, it’s almost never because the vaccine itself is uniformly dangerous. It’s more because their bodies react badly to the vaccine. It is likely that any vaccine could cause the reaction and an individual with this vulnerability may have no forewarning. In a situation like that, the law says, “this isn’t anyone’s fault, but there is still a victim and that victim deserves to be cared for.”
### How do you both avoid lawsuits and ensure that injured victims don’t have to pay for medical expenses themselves?
The answer is a no-fault system for filing claims that is paid out by the government. In this article, we’ll review recent changes to the law that could impact a vaccine injury claim.
### Congress extends coverage to those injured by vaccines
The total amount of recovery you could get from the vaccine injury compensation fund was $250,000 prior to the modernization act of 2021. Today, you can recover up to $600,000 for injury or wrongful death related to a vaccine. Additionally, those injured by vaccines only had 36 months to file a claim. If they failed a claim on the 37th month, they could no longer file a claim at all. Today, the statute of limitations on vaccine injury claims is five years.
Lastly, the CDC will be required to update information concerning vaccine injuries within a shorter period of time after the vaccine has been recommended to children and pregnant women. Prior, the CDC had two years to update the database. The CDC is now required to update the database within 6 months.
### Is there a controversy over vaccine safety?
Lawyers who file claims on behalf of those injured by vaccines do not make claims that vaccines are generally unsafe for the public. The evidence shows that certain conditions can render specific individuals more susceptible to injury by vaccine than others. Often, this is a matter of consulting with your doctor who would tell you which vaccines you should or should not receive. If a doctor recommends a vaccine that could potentially injure you, then the liability falls on the doctor, and not the vaccine manufacturer. However, to prove liability, you would have to establish that the doctor either knew or should have known that the patient was a poor candidate for the vaccine.
Lastly, a company that produced a vaccine with untested claims in bad faith may not get immunity from lawsuits, but again, this is very much outside of the norm.
### Talk to a Vaccine Injury Lawyer Today
Green & Schafle represent the interests of those who have been injured by vaccines. [Request a callback from our vaccine injury lawyers](https://www.greenlegalteam.com/contact-us/) today to schedule a free consultation and learn more about how we can help.
[Source](https://www.congress.gov/bill/117th-congress/house-bill/3655#:~:text=Specifically%2C%20the%20bill%20increases%20the,on%20a%20consumer%20price%20index)
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