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When Vaccines Result In Injury And Death

Last updated on March 3, 2026

While the public health benefits of vaccines to guard against viruses and diseases like polio, smallpox, measles, rubella and influenza are widely known, less discussed are the thousands of adverse reactions, injuries and even deaths that have been directly linked to vaccines. If you or a loved one suffered harm or injury as a result of a vaccine, it is important to reach out to an attorney who is knowledgeable about vaccine injuries and the related legal procedures.

In 1988, the National Vaccine Injury Compensation Program (VICP) was established as a means to compensate individuals who suffered injuries, or whose children or loved ones suffered injury or death, due to a vaccine. At Rogers, Hofrichter & Karrh, LLC, our attorneys help Georgia residents recover compensation for the harm, injuries and losses suffered in the wake of receiving a vaccine.

The “Vaccine Injury Table” And Legal Presumptions

The Health Resources and Services Administration, often called HRSA, oversees VICP. One of the most important tools in the program is the HRSA Vaccine Injury Table. This table lists certain vaccines and specific injuries that have been associated with them. The table also specifies when symptoms must begin after vaccination for the law to presume the vaccine caused the injury.

This presumption matters because it changes what you need to prove. If your injury appears on the table and it started within the listed period, the law generally treats causation as established. That lowers the burden of proof for the petitioner and can make the legal path more straightforward than a traditional medical malpractice suit. You still need medical records and clear documentation of what happened, but you may not need the same level of scientific proof required in a fault-based lawsuit. In plain terms, the table can act like a shortcut on the causation question when your facts match its criteria.

Vaccine Injury Claim Versus Medical Malpractice Claim

A vaccine injury claim through VICP is a no-fault administrative process. “No fault” means you do not have to prove that a doctor, nurse, clinic or manufacturer acted carelessly. Instead, the focus is on whether a covered vaccine caused a qualifying injury and whether the claim meets program rules. You file these claims in the United States Court of Federal Claims and follow a process designed to be more streamlined than most civil lawsuits.

Medical malpractice is different. It is a fault-based civil lawsuit, usually filed in state court, where the injured person must prove a provider failed to meet the standard of care. That often requires detailed testimony about what a reasonable provider should have done and how the provider’s actions caused the harm. Malpractice cases can also involve defenses about informed consent, preexisting conditions and alternative causes. By contrast, a VICP claim usually centers on medical timelines, diagnostic evidence and vaccine injury causation rather than proving negligence.

Injuries Linked To Vaccines

Vaccine-related injuries can look very different from one person to the next. Some problems are linked to the injection process itself, especially when the shot is placed too high or into the wrong tissue. Other problems involve the immune system or the nervous system, and can affect the whole body. Below are two practical categories that people often find easier to understand.

Injection Site Injuries (SIRVA)

Shoulder injury related to vaccine administration, often shortened to SIRVA, describes shoulder problems that begin after a vaccine is administered in the upper arm and in which the pain does not improve in the usual way.

  • Bursitis: Inflammation in the shoulder that can cause deep aching pain and swelling that makes it hard to lift your arm.
  • Tendonitis: Irritation of shoulder tendons that can feel like sharp pain with reaching, dressing or sleeping on that side.
  • Rotator cuff tear: Damage to the shoulder tendons that may cause weakness, limited range of motion and pain when lifting.
  • Adhesive capsulitis (frozen shoulder): Stiffness that gradually limits movement so raising your arm becomes difficult and painful.
  • Impingement syndrome: A pinching sensation in the shoulder that causes pain during overhead motion or reaching behind your back.
  • Persistent shoulder pain: Ongoing soreness and reduced function lasting weeks or months rather than typical post-shot discomfort.

Systemic Reactions (Systemic Or Immune-Mediated)

Systemic reactions can involve nerves, immune responses or allergic reactions, and symptoms may extend beyond the injection site.

  • Guillain-Barré Syndrome (GBS): Tingling and weakness that can start in the legs and move upward, sometimes making walking difficult.
  • Brachial neuritis: Sharp, radiating pain or weakness moving down the arm, often followed by lingering weakness.
  • Vasovagal syncope: Fainting or sudden dizziness shortly after injection, sometimes with nausea or sweating.
  • Anaphylaxis: A severe allergic reaction that may include trouble breathing, hives, swelling or feeling faint.
  • Encephalopathy: Serious changes in mental status such as confusion, extreme sleepiness or altered awareness.
  • Seizure disorder: Recurrent seizures or convulsions that can include staring spells, shaking or loss of consciousness.

If you believe that a vaccine was the cause of your or your loved one’s injury or death, contact an attorney at our firm today. We will help you file a claim with the United States Court of Federal Claims in Washington, D.C. We are highly knowledgeable about this special process and the documentation and evidence that are needed to achieve a positive outcome.

Frequently Asked Questions

Yes, you can still file. Many doctors focus on treatment rather than legal causation, and they may be cautious about making definitive statements. The VICP process relies heavily on medical records, timelines and diagnostic testing, not only on a doctor’s personal opinion. If your records show symptom onset after vaccination and a diagnosis consistent with a known vaccine-related injury, a claim may still be possible. You may benefit from a supportive statement, but you do not always need one to start.

You may still pursue a claim, but it is typically more challenging. When an injury is not on the table, you must prove causation without the table’s presumption. To do that, you often present medical literature, clinical reasoning and, sometimes, testimony to show the vaccine can cause the condition and caused your injury. The timeline between the shot and symptoms still matters, and thorough documentation becomes even more important. These claims can be successful, but they typically require more detailed evidence.
The VICP is meant for significant injuries, not routine, short-term side effects like a sore arm or mild fever. In many situations, the injury must last more than six months, result in inpatient hospitalization and surgery or cause long-term disability. You can also measure severity by how much the condition limits daily activities such as working, caring for yourself or using your arm normally. Compensation may include medical costs, lost wages, and pain and suffering when you meet program standards. The facts of your case and your medical course will drive the analysis.

The VICP program covers many vaccines that are routinely recommended for children and certain adult vaccines. Coverage is tied to vaccines listed on the Vaccine Injury Table and generally includes vaccines that are subject to a federal excise tax.

Commonly covered vaccines include:

  • Influenza (Flu) vaccines
  • MMR (Measles, Mumps, Rubella)
  • DTaP/Tdap/DTP (Diphtheria, Tetanus, Pertussis)
  • Varicella (Chickenpox)
  • HPV (Human Papillomavirus)
  • Hepatitis A and B
  • Polio (IPV)
  • Pneumococcal vaccines
  • Rotavirus
  • Meningococcal vaccines

Important: The covered vaccine list is periodically updated by the federal government. Some vaccines may be added or removed from coverage, so it’s essential to verify your specific vaccine qualifies for VICP claims.

Note: The VICP does not cover the COVID-19 vaccine. COVID-19 vaccine injuries are handled through a different program called the Countermeasures Injury Compensation Program (CICP).

Start with records that show what vaccine you received and when such as an immunization record, consent form or pharmacy documentation. Next, gather medical records that document symptoms, first treatment and any diagnosis, including urgent care notes, emergency room records and imaging reports. A clear timeline is crucial, so notes about when pain started, how it progressed and what treatments were tried can make a difference. Proof of expenses and time missed from work can also support damages. Even if you do not have every record at the beginning, collecting them early can strengthen your claim and reduce delays.

Learn More About Your Rights To Compensation After A Vaccine Injury

To discuss your vaccine injury claim with a lawyer at Rogers, Hofrichter & Karrh, LLC, call us at 770-884-6705 or contact us online. With office locations in Fayetteville, Atlanta and Cartersville, we represent clients throughout Georgia.