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Vaccine Injury Compensation Program

Flu Shot Injury Claims (2020-2021 Flu Season): What Do Parents and Other Adults Need to Know?

The annual flu shot is linked to several types of illnesses and injuries. While these illnesses and injuries are rare overall, due to the sheer number of flu shots administered in the United States, many adults and children experience flu shot-related medical conditions each year. The National Vaccine Injury Compensation Program (VICP) receives hundreds of flu shot-related claims annually—and this represents just a small fraction of the total number of flu vaccine injury cases in the U.S.

If you or your child has been diagnosed with a flu vaccine injury or illness, what do you need to know? Here are three key pieces of information from vaccine attorney Leah Durant:

1. The VICP Provides “No Fault” Compensation for Flu Shot Injuries

The VICP is a federal government program that provides “no fault” compensation for flu shot (and other vaccine) injuries. This means that you do not need to prove a health care provider’s or vaccine manufacturer’s mistake to file a successful claim. If you or your child has been diagnosed with a flu shot injury during the 2020-2021 flu season, this alone can be enough to establish a claim under the VICP.

2. There are Two Important Timelines for Flu Vaccine Injury Claims

If you believe that you may be entitled to compensation under the VICP, you need to be aware of two important timelines. The first of these timelines is the amount of time elapsed between your (or your child’s) flu shot and the first onset of symptoms or other manifestation of injury. To be eligible for “no fault” compensation under the VICP, you must have medical records to prove:

  • Anaphylaxis: Symptoms onset within four hours of vaccination.
  • Guillain-Barre Syndrome (GBS): Symptoms onset within three to 42 days following vaccination.
  • Shoulder Injury Related to Vaccine Administration (SIRVA): Symptoms onset within 48 hours of vaccination.
  • Vasovagal Syncope: Symptoms onset within one hour of vaccination.

The other timeline is the statute of limitations for VICP claims. For non-fatal injuries, you have three years from the first onset of symptoms or other manifestation of injury. However, while you may have plenty of time to file a claim for a flu vaccine injury during the 2020-2021 flu season, you will still want to get started on your claim promptly.

3. You Can Hire a Lawyer at No Out-of-Pocket Cost

If you have a VICP claim for a flu vaccine injury, you can hire a lawyer to represent you at no out-of-pocket cost. In fact, since the VICP pays claimants’ legal fees separately from their compensation awards, it costs nothing at all to hire an attorney to represent you. As a result, you have no reason not to seek experienced legal representation; and, again, it will be in your best interests to get started as soon as possible.

Schedule a Free Consultation about Your Flu Vaccine Injury Claim

For more information about filing a flu vaccine injury claim under the National Vaccine Injury Compensation Program (VICP), schedule a free, no-obligation consultation today. To speak with national vaccine attorney Leah Durant in confidence, call 202-800-1711 or tell us about your claim online now.

About Leah Durant

Leah Durant is a former U.S. Department of Justice trial attorney who specializes in vaccine injury claims covered by the National Vaccine Injury Compensation Program. These cases are filed before the U.S. Court of Federal Claims (more commonly known as the “vaccine court”) in Washington, DC, where she has been admitted to practice since 2008. Originally from the Pacific Northwest, Leah Durant is a graduate of the University of Maryland College Park and received her law degree from the University of Maryland School of Law. Leah Durant’s legal practice concentrates on litigating complex vaccine injury and medical related cases. She has an extensive legal background and has experience representing individuals with complex medical claims.


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