Vaccines serve a critical public health function by helping to prevent the spread of dangerous diseases. In most cases, people will receive a vaccine without any incident and move on with their lives in good health. In some situations, however, side effects occur and these can be serious at times. Some vaccine side effects can lead to pain, illness, and even disability in more severe cases.
In October 2016, a young woman dutifully received her flu vaccine during flu season. Within a couple weeks of the vaccination, she started to experience abnormal bleeding, a crashing of her platelets, bruising throughout her body, and red spots all over. She was diagnosed with chronic immune thrombocytopenia purpura (“ITP”), an autoimmune blood disorder requiring ongoing infusions or steroid treatment. After careful research online, she decided to retain the legal services of David to help her file a claim in the National Vaccine Injury Compensation Program (VICP.)
### The ITP Vaccine Injury Case in the Federal Courts
In January 2023, David took the petitioners (person injured by the vaccine) ITP vaccine injury case to a bench trial when it was contested on the basis of onset and alternative causes. The trial took place in Washington, D.C. at the federal court as part of the U.S. Court of Federal Claims’ National Vaccine Injury Compensation Program (VICP.) During the trial, the petitioner, petitioner’s allergy/immunology and hematology experts and the respondent’s (U.S. Department of Health and Human Services) allergy/immunology and hematology experts testified.
David and the medical experts assisting the case, uncovered medical literature articles to support the causal connection and explain how the influenza vaccine can cause a crashing of someone’s platelets resulting in this condition.
After carefully analyzing and weighing the evidence presented by the experts in this case, the court ruled that the petitioner provided sufficient evidence to establish that her flu vaccine caused her chronic ITP.
This was an “off-table” vaccine injury case, meaning that it is an injury that is not routinely found to be causative with the flu vaccine. David was able to overcome the stringent off-table requirements to prove that the flu vaccine can and does trigger chronic ITP through the use of multiple medical expert opinions and testimony.
### What To Expect in The Future for Cases Involving ITP After a Flu Vaccine
This vaccine injury case represents one of the very rare cases to go to a bench trial and will now serve as a benchmark for future ITP vaccine injury cases on issues related to the development of the auto-immune disease ITP after receiving a flu vaccine.
This win demonstrates that David possesses the key trial advocacy skills to diagnosis potential issues in vaccine injury cases, create a strategy and obtain the necessary medical experts to support the case, and to litigate the issues to resolution.
David has dedicated his practice to vaccine injury law and recently became the President of the Vaccine Injured Petitioners Bar Association, the nationwide organization of lawyers that handle vaccine injury cases.
### If You Have Developed ITP After a Vaccine We Can Help
If you, or a loved one, has developed ITP after a recent vaccination, be mindful and fully vet your potential lawyers before signing up as a client. Hiring your local attorney that does not regularly practice in the National Vaccine Injury Compensation Program (VICP) will result in poor outcomes or delays in your case. Consider hiring a nationally recognized vaccine injury attorney from Green & Schafle where we routinely get results for clients that have experienced a vaccine-related injury or serious adverse reaction. Get started by [requesting a callback from our vaccine injury attorney](https://www.greenlegalteam.com/contact-us/).
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