Maui Vaccine Injury Attorneys
Vaccines are carefully designed and thoroughly vetted before being offered to the public. They are very safe and effective at reducing the occurrence of painful, disfiguring, and deadly diseases.
The U.S. Centers for Disease Control and Prevention recommends children and adults receive vaccines for chickenpox, shingles, diphtheria, flu, hepatitis A and B, Hib, HPV, measles, meningococcal meningitis, mumps, pneumococcal, polio, rotavirus, rubella, shingles, tetanus, and whooping cough. You also may want to receive a vaccine for anthrax, cholera, rabies, tuberculosis, typhoid fever, or yellow fever, depending on where you may travel internationally.
Though scientists strive to make vaccines that are as safe and effective as possible for a majority of the population, vaccines are not always safe for everyone. Though most people might experience mild discomfort after a vaccine, others may experience a severe allergic or adverse reaction.
If you or your child suffered a personal injury after receiving a vaccine in Hawaii, contact our vaccine injury lawyers in Maui. Menzer Law Firm has extensive experience with vaccine claims and dealing with the National Vaccine Injury Compensation Program (VICP).
Matt Menzer is one of a handful of attorneys in Hawaii who are licensed to represent individuals with vaccine claims in the U.S. Court of Federal Claims.
You can reach us at 808-400-3726 to schedule your free consultation. We accept vaccine injury cases on a contingency fee basis. There are no upfront or hourly fees.
What Is the National Vaccine Injury Compensation Program?
If you or a loved one suffer serious side effects and complications after receiving a “covered” vaccine, you don’t need to file a lawsuit against a manufacturer or medical provider. The VICP is a no-fault system through which you can file a vaccine injury claim with the VICP to pursue compensation.
The VICP process can include the following steps:
- Our vaccine injury lawyers will file a petition with the United States Court of Federal Claims on your behalf. You are eligible to file a petition if you received a covered vaccine, you are the parent or legal guardian of a child or disabled adult who suffered a vaccine injury, or you are the legal representative of the estate of a person who suffered a fatal vaccine injury.
- The U.S. Department of Health and Human Services (HHS) reviews your petition to determine if it involves a covered vaccine and covered reaction.
- The U.S. Department of Justice submits a report that includes a legal analysis of your petition and a medical recommendation to the federal court.
- The court-appointed special master holds a hearing, giving both sides the opportunity to present evidence, then decides whether you should be awarded compensation.
- The court can then order HHS to award you compensation.
If you went through the VICP process and disagree with the special master’s decision, you should contact a qualified Hawaii vaccine lawyer as soon as possible to discuss a possible appeal.
What Are Covered Vaccines?
The VICP only applies to certain vaccines, including:
- Tetanus toxoid (e.g., DTaP, DTP, DT, Td, or TT)
- Whole-cell pertussis bacteria, extracted or partial cell pertussis bacteria, or specific pertussis antigen(s) (e.g., DTP, DTaP, P, DTP-Hib)
- Measles, mumps, and rubella virus or any of its components (e.g., MMR, MM, MMRV)
- Rubella virus (e.g., MMR, MMRV)
- Measles virus (e.g., MMR, MM, MMRV)
- Polio live virus (OPV)
- Polio inactivated virus (e.g., IPV)
- Hepatitis B
- Haemophilus influenzae type b (Hib)
- Pneumococcal conjugate vaccines A
- Hepatitis A
- Seasonal influenza (Not non-seasonal flu vaccines)
- Human papillomavirus (HPV)
What Are Covered Vaccine Reactions?
Health care professionals and scientists are aware of the types of complications that can arise when a child or adult is allergic to a vaccine. These known injuries and conditions are published in the Vaccine Injury Table by the VICP.
When you file a vaccine injury complaint, HHS’s medical staff will review whether your complications fit within the types and time frames listed in the injury table. If so, it is presumed the vaccine caused the injury.
You also must generally establish that the vaccine side effects:
- Lasted at least six months, or
- Resulted in inpatient hospitalization and surgery, or
- Resulted in death.
If your vaccine reaction differs from the known complications listed in the table, then you must present evidence to the court establishing the link between the vaccine and your injury in order to receive compensation.
Deadlines for Vaccine Cases
To be eligible for compensation, you must file a VICP claim within three years from the onset of symptoms or significant aggravation of the vaccine injury. If your family member passed away, you have two years from their death or four years from the first symptoms to file.
You should talk with our injury lawyers in Hawaii about when you should pursue compensation through a VICP complaint.
What Else You Need to Know About Vaccine Injury Claims
You do not have to be a certain age to file a vaccine injury claim. Claims can be filed by a qualified vaccine injury lawyer for persons under 18 years old.
You also do not have to be a U.S. citizen to file. If you were vaccinated in Hawaii or another U.S. state or territory, talk with a vaccine injury attorney about filing a complaint. The courthouse is located in Washington, D.C., but we can file your petition online. Our injury attorneys at Menzer Law Firm are well-versed in the filing rules and requirements of the U.S. Court of Federal Claims.
Our Law Offices Offer Personal Attention and Fierce Legal Advocacy
If you live in Maui or a neighbor Island and are suffering from a vaccine injury you received in Hawaii or elsewhere in the United States, talk with our injury lawyers at Menzer Law Firm. Matt Menzer has over 30 years of experience litigating personal injury cases. He is one of a handful of lawyers in Hawaii admitted to practice in the U.S. Court of Federal Claims and he has substantial experience representing individuals suffering from vaccine injuries.
Menzer Law Firm offers free initial consultations and does not charge any upfront fees for VICP petitions. We advance the costs of filing the petition and retaining medical experts. Our attorneys’ fees and other costs are typically reimbursed through the VICP claim process.