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National Vaccine Injury Compensation Program

Should You Sue Your Doctor or Pharmacist for a Flu Shot Injury?

No one expects to experience serious complications from a vaccination. When you get a flu shot, at worst, you expect to experience mild pain in your shoulder and perhaps a slight fever.

But, what if this is not the worst that happens? What if your symptoms progress, and what if your doctor diagnoses you with a flu shot injury? Do you need to hire a vaccine lawyer to sue the doctor or pharmacist who administered your flu shot; or, is there a better option available?

What Should You Do After Being Diagnosed with a Flu Shot Injury?

The good news is that you do not need to sue your doctor or pharmacist to recover financial compensation for a flu shot injury. While this is an option (if you can prove medical or pharmaceutical malpractice), it is not the only option you have available.  

For most people, recovering financial compensation for a flu shot injury involves filing a claim under the National Vaccine Injury Compensation Program (VICP). There are several advantages to filing a VICP claim as compared to attempting to sue a doctor or pharmacist for negligence, including:

  • No Need to Prove Fault – If you were to try to sue your doctor or pharmacist, you would need to be able to prove that he or she made a mistake when administering your flu shot. Filing this type of lawsuit requires proof of fault—and this requires an investigation, discovery, legal analysis and various other steps. However, when seeking compensation under the VICP, proof of fault is not required.
  • No Need to Prove Causation – In most cases, filing a VICP claim does not require proof of causation, either. If your flu shot injury is listed on the VICP’s Vaccine Injury Table, then you can file a claim without proof of causation as long as your symptoms began within the timeframe specified on the table.
  • A Less Litigious Process – While seeking compensation under the VICP involves filing a petition with the Vaccine Court, the process is much less litigious than filing a malpractice lawsuit against a health care provider. The procedures are streamlined, and you don’t have an insurance company on the other side fighting to avoid liability by all means available.
  • A More Efficient Process – Since VICP claims are less litigious than malpractice lawsuits, this also means that they are more efficient (in most cases). If your right to compensation is clear and you hire an experienced vaccine lawyer to represent you, you may be able to secure payment within a matter of months.
  • No Contingency Fees – Finally, when you file a malpractice lawsuit, your lawyer provides representation on a contingency-fee basis. This means that his or her fee comes out of your settlement or verdict. However, when you file a VICP claim, the VICP pays your lawyer’s fees separately from your award of financial compensation.

Request a Free Consultation with Vaccine Lawyer Leah V. Durant

Have you been diagnosed with a flu shot injury? If so, we encourage you to contact us promptly. To schedule a free consultation with vaccine lawyer Leah V. Durant, please call 202-800-1711 or request an appointment online today.

Leah Durant Bio

Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.

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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