Vaccine Injury Lawsuit | 2025 Latest Updates

Vaccine Injury Lawsuit Overview

Vaccines are generally considered safe and beneficial, but like any medical product, they can cause serious injuries in rare cases.

Vaccine injury lawsuits are filed against manufacturers when vaccines cause severe adverse reactions or when healthcare providers improperly administer them.

Each year, numerous Americans report serious complications from routine vaccinations.

The National Vaccine Injury Compensation Program was established to address these claims specifically.

Latest Vaccine Lawsuit Updates

• Ongoing – VICP continues to compensate claims for SIRVA, GBS, anaphylaxis as a severe allergic reaction [1]  Average SIRVA awards range from $30,000–$100,000, with higher amounts for severe or permanent injuries. GBS and transverse myelitis cases can result in awards from $150,000 to several hundred thousand dollars, depending on severity.

• May 20, 2025 – The U.S. Court of Federal Claims awarded $500,000 to Alan Lien for Guillain-Barré Syndrome (GBS) following a flu shot. This case was resolved under the National Vaccine Injury Compensation Program (VICP), with the court confirming causation and damages after a detailed review of medical evidence [2].

• January 10, 2025 – The Vaccine Court awarded $198,610 to a petitioner for a severe SIRVA (Shoulder Injury Related to Vaccine Administration) case after a flu shot, including costs for surgery and ongoing shoulder dysfunction [3].

• 2005 – In April 2005, the U.S. government announced that trivalent influenza vaccines would be covered under the Vaccine Injury Compensation Program (VICP), allowing individuals to seek compensation for vaccine-related injuries. The coverage officially took effect on July 1, 2005, providing no-fault compensation eligibility for adverse events related to these vaccines [4].

FDA Reports and Statistics

According to the FDA’s MAUDE (Manufacturer and User Facility Device Experience) database, vaccine-related adverse events include:

• Over 12,000 reported adverse events related to flu vaccines in the past 3 years
• Approximately 4% of reported cases involved neurological complications
• Nearly 3,500 reports of SIRVA (Shoulder Injury Related to Vaccine Administration) since 2022
• Roughly 250 cases of Guillain-Barré syndrome potentially linked to vaccinations annually

Vaccine Injuries & Side Effects

While most vaccines are safely administered without incident, serious complications can occur that may warrant legal action.

• Guillain-Barré Syndrome (GBS): An autoimmune disorder where the body’s immune system attacks the nerves
• SIRVA (Shoulder Injury Related to Vaccine Administration): Persistent shoulder pain and limited mobility caused by improper vaccine injection
• Intussusception: A serious intestinal condition associated with rotavirus vaccines
• Severe Allergic Reactions: Including anaphylaxis, difficulty breathing, and swelling
• Neurological Complications: Including transverse myelitis and other rare conditions

Guillain-Barré Syndrome (GBS) Symptoms

Guillain-Barré syndrome (GBS) is a rare condition in which the body’s own immune system attacks its nerves. Researchers who studied vaccine reaction rates found that “GBS is more strongly associated with vaccination for influenza” than for any other vaccine.

The Journal of the American Medical Association (JAMA) [5] lists Guillain Barré as the most frequent neurological condition reported after getting the flu shot.

According to the Mayo Clinic [6], signs and symptoms of Guillain-Barré syndrome may include:

• Prickling, “pins and needles” sensations in the fingers, toes, ankles or wrists
• Weakness in the legs that spreads to the upper body
• Unsteady walking or inability to walk or climb stairs
• Difficulty with eye or facial movements
• Severe pain that may feel achy or cramp-like
• Difficulty with bladder control or bowel function
• Rapid heart rate
• Low or high blood pressure
• Difficulty breathing

Do You Qualify for a Vaccine Injury Lawsuit?

You may qualify for a vaccine injury lawsuit if:

• You received a covered vaccine within the last three years
• You experienced serious side effects including Guillain-Barré Syndrome, SIRVA, intussusception, or other severe reactions
• Your injuries required medical treatment, hospitalization, or resulted in lasting complications
• You can provide medical documentation linking your injuries to the vaccination
• Your symptoms appeared within a medically recognized timeframe after vaccination

Evidence Required for a Vaccine Injury Lawsuit

To successfully pursue a vaccine injury claim, you’ll need to gather:

• Medical records documenting the vaccination (date, location, type of vaccine)
• Physician diagnosis of your condition or injury
• Medical records showing treatments received
• Documentation of the timeline between vaccination and symptom onset
• Expert medical opinions linking your injury to the vaccination

Damages You Can Recover

Through a successful vaccine injury claim, you may be entitled to compensation for:

• Past and future medical expenses related to your injury
• Lost wages and diminished earning capacity
• Pain and suffering
• Disability and loss of quality of life
• Out-of-pocket expenses for specialized care or treatment

Vaccine Mandates and Pharma Liability

In February 2011, the supreme court shielded drug companies from all liability for injuries caused by vaccines mandated by the U.S. government.

As a result, drug companies that sell vaccines cannot be held accountable in a court of law…unless we stand up and draw the line on vaccine mandates.

To stand up for your right to know and freedom to choose which vaccines that you consider necessary, join the National Vaccine Information Center (NVIC) [7], the largest, oldest and most experienced vaccine safety watchdog in America.

Statute of Limitations for Vaccine Injury Lawsuits

To bring a case for a vaccine-related injury, the current statute of limitations requires that your claim must be filed within three years from the date of onset of symptoms.

In the event of a vaccine-related death, a claim must be filed no later than two years from the date of death.

While most states have “tolling provisions” that extend the state statutes of limitations for certain individuals, the VICP has no such provisions.

Recommended Articles:

• Flu Shot & Transverse Myelitis
• Zostavax Lawsuit

FAQs

1. What Are the Legal Grounds for Filing a Flu Shot or Vaccine Lawsuit?

The legal grounds for filing a flu shot or vaccine lawsuit include severe adverse reactions, improper administration, or failure to warn about potential side effects associated with the flu shot or vaccine. Under the National Vaccine Injury Compensation Program, certain injuries are presumed to be caused by vaccines if they occur within specific timeframes.

2. Is There a Time Limit to File a Flu Shot or Vaccine Lawsuit?

Yes, there is a time limit to file a flu shot or vaccine lawsuit, known as the statute of limitations, which varies by state and case type, typically ranging from one to three years. For the National Vaccine Injury Compensation Program specifically, claims must be filed within three years of the first symptom of the injury or two years from death.

3. Can I Sue for a Flu Shot Injury if the Vaccine Was Required by My Employer?

Yes, you may still be able to sue for a flu shot injury even if the vaccine was mandated by your employer, depending on the circumstances. The National Vaccine Injury Compensation Program allows claims regardless of whether the vaccination was voluntary or required.

4. How Do I Know if I’ve Had an Adverse Reaction to a Vaccine?

After vaccination, watch for unusual conditions such as serious allergic reactions, high fever, behavioral changes, difficulty breathing, hoarseness or wheezing, hives, paleness, weakness, rapid heart beat, dizziness, or swelling of the throat. Severe reactions typically occur within minutes to hours of vaccination, while other complications may develop over days or weeks.

5. What Types of Compensation Can I Receive for a Vaccine Injury?

Compensation through the National Vaccine Injury Compensation Program can include payment for past and future medical care, rehabilitation, therapies, lost earnings, and up to $250,000 for pain and suffering. The average compensation for approved claims is approximately $350,000, though complex cases may result in higher awards.

6. How Long Does the Vaccine Injury Claim Process Take?

The vaccine injury claim process typically takes 2-3 years from filing to resolution through the National Vaccine Injury Compensation Program. Cases that proceed to hearing may take longer, while settlements may be reached more quickly if the injury is on the Vaccine Injury Table or clear evidence links the vaccine to the injury.

7. Which Vaccines Are Covered Under the National Vaccine Injury Compensation Program?

The National Vaccine Injury Compensation Program covers most routinely administered vaccines including diphtheria, tetanus, pertussis (DTP, DTaP, Tdap), measles, mumps, rubella (MMR), polio, hepatitis A and B, Haemophilus influenzae type b (Hib), varicella (chickenpox), rotavirus, pneumococcal conjugate, seasonal influenza vaccines, human papillomavirus (HPV), and meningococcal vaccines.

8. What Evidence Do I Need to Support My Vaccine Injury Claim?

To support a vaccine injury claim, you’ll need medical records showing the vaccination date and location, documentation of your symptoms and when they began, diagnosis records from healthcare providers, treatment records, and expert medical opinions linking your injury to the vaccination. Detailed timelines and thorough documentation significantly strengthen your case.

Get A Free Vaccine Injury Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for vaccine injuries. With only three years from the onset of symptoms to file your claim, it’s critical to act promptly to protect your rights. The longer you wait, the more challenging it may become to gather the necessary evidence and documentation.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees for our services
• Payment only if we win your case
• Specialized experience with vaccine injury claims

References:

1. https://www.hrsa.gov/sites/default/files/hrsa/vicp/vaccine-injury-table-01-03-2022.pdf
2. https://www.einnews.com/pr_news/814455105/500-000-vaccine-injury-compensation-awarded-to-minnesota-man-in-federal-claims-court
3. https://vaccinelaw.com/recent-case-results-in-vaccine-injury-claims/
4. https://publications.aap.org/aapnews/article-abstract/26/6/12/20540/Trivalent-influenza-vaccines-covered-under-VICP?redirectedFrom=fulltext
5. http://jama.jamanetwork.com/article.aspx
6. https://www.mayoclinic.org/diseases-conditions/guillain-barre-syndrome/symptoms-causes/syc-20362793
7. https://www.nvic.org/