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Centers for Disease Control and Prevention, Chickenpox Vacine Injury, National Vaccine Injury Compensation Program

When Can Parents Seek Compensation for a Chickenpox Vaccine Injury?

The chickenpox vaccine has proven to be highly effective since its introduction in the 1990s. Today, the U.S. Centers for Disease Control and Prevention (CDC) recommend that children receive the chickenpox vaccine in two doses—one administered at 12 to 15 months of age and another administered between the ages of 4 and 6. Unfortunately, while the chickenpox vaccine is generally considered safe, it carries certain risks (like all vaccines), and some parents will be forced to hire a vaccine injury attorney to help them pursue a claim under the National Vaccine Injury Compensation Program (VICP).

What Chickenpox Vaccine Injuries Does the VICP Cover?

The National Vaccine Injury Compensation Program is a federal program that provides compensation to individuals and families who are coping with the effects of vaccine-related injuries and illnesses. It provides compensation on a “no-fault” basis, and it has paid well over $4 billion to vaccine recipients and families since 1988. With regard to the chickenpox vaccine, the VICP covers injuries and illnesses, including:

  • Anaphylaxis (severe allergic reaction)
  • Disseminated varicella vaccine-strain viral disease
  • Shoulder injuries related to vaccine administration (SIRVA)
  • Vasovagal syncope

While anaphylaxis, disseminated varicella vaccine-strain viral disease and vasovagal syncope can result from adverse reactions to the chickenpox vaccine, SIRVA can result from errors during immunization. For example, some of the most common causes of SIRVA include administering the shot with a wrong-size needle, inserting the needle at the wrong angle, and injecting the vaccine too high or too low on the arm.

To qualify for compensation, a vaccine-related injury must also meet the VICP’s “severity” requirement. This means that the injury must either (i) require inpatient hospitalization, (ii) require surgical treatment, or (iii) last for more than six months following vaccination.

How Long Do Parents Have to File VICP Claims for Chickenpox Vaccine Injuries?

Under the VICP, parents have up to three years to file VICP claims for chickenpox vaccine injuries. This three-year period runs from the date of the onset or first manifestation of a child’s symptoms. However, generally speaking, it is best to file a VICP claim as soon as possible, and consulting with a vaccine injury attorney promptly will help ensure that you can effectively assert your family’s legal rights.

How Can Parents File Claims Under the VICP?

While parents have the option of filing a VICP claim on their own, they can also hire a vaccine injury attorney to represent them. This is generally recommended, as there are several strict legal requirements, and securing compensation may involve presenting evidence in the U.S. Court of Federal Claims in Washington D.C. (the “Vaccine Court”). Learn more in our VICP FAQs.

Speak with Vaccine Injury Attorney Leah V. Durant about Your Family’s Legal Rights

Our firm provides no-cost legal representation for claims under the National Vaccine Injury Compensation Program. If your child has been diagnosed with a chickenpox vaccine injury, we encourage you to contact us promptly for a free consultation. To discuss your family’s legal rights with vaccine injury attorney Leah V. Durant in confidence, 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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