ARE YOU CONCERNED YOUR CHILD HAS DEVELOPED AUTISM AS A RESULT OF A VACCINE- RELATED INJURY? WE CAN EXPLAIN HOW YOU MAY BE ELIGIBLE TO RECOVER COMPENSATION FOR THE INJURIES.

How?

The National Vaccine Injury Compensation Program (VICP) is an innovative federal no-fault program enacted in 1986, (and since amended), which was designed to resolve a perceived crisis in vaccine tort liability claims that threatened the continued availability of childhood vaccines nationwide. In mandating that vaccine injury claims be considered first under VICP, the statute was intended to reduce lawsuits against physicians and manufacturers, while providing those claiming vaccine injuries a reduced burden of proof. Claimants under the VICP need not prove negligence, failure to warn, or other tort causes of action; they must only prove that a covered vaccine caused injury.

Which vaccines are covered?

The Vaccine Injury Compensation Program originally covered vaccines against seven diseases - diphtheria, tetanus, pertusis, measles, mumps, rubella (German measles), and polio. Subsequently, coverage was extended to four additional vaccines - hepatitis B, hemophilus influenza type b (Hib), varicella (chicken pox), and rotavirus.  In July 2005, the annual influenza (flu) vaccine became covered as well. Many of these vaccines contained Thimerosal, the use of which has now been prohibited in New York and other states.

How does the litigation process work?

Under the VICP, rather than filing a lawsuit against the vaccine manufacturer or vaccine administrator in the civil tort system, individuals claiming injury from covered vaccines must first file a petition for "no-fault" compensation with the United States Court of Federal Claims. The petition must also be served upon the Secretary of Health and Human Services, who replaces the vaccine manufacturer or vaccine administrator to defend the claim. The Act creates the Office of Special Masters as an adjunct to the United States Court of Federal Claims. The Special Masters function in all respects as the trial judges in the vaccine cases, including having final decision making authority under the Act.

Is there a Statute of Limitations?

Yes, all vaccine claims must be brought within three (3) years of the "first symptom or manifestation of onset or of the significant aggravation of such injury." Markovich v. Secretary of Health and Human Services, 477 F.3d 1363 (2007). This standard can be ambiguous and as a result you must consult with a lawyer to see if you are eligible to file a claim.

New York Thimerosal, Autism Lawsuit Attorneys

Thimerosal is an organically based compound containing mercury that is used as an antiseptic and antifungal agent. Thimerosal is added to vaccines to prevent contamination and spoiling. In July of 1999, the American Academy of Pediatrics (AAP) and US Public Health Service (USPHS) issued a joint statement regarding concerns associated with Thimerosal and potential mercury poisoning. Since mercury is a heavy metal, it can build up in the body, leading to neurological, motor and behavioral disorders. At the law office of Ostrer Rosenwasser, LLP, our attorneys have the experience and knowledge to represent clients in Thimerosal litigation.

If your child suffers from autism - or if your child was healthy before receiving vaccines - contact personal injury attorneys at Ostrer Rosenwasser today.

How can we help?

Ostrer Rosenwasser, LLP attorneys are admitted to the U.S. Court of Federal Claims and have the experience and knowledge necessary to represent clients in vaccine litigation.  To schedule a free consultation and learn how we can help you, contact Thimerosal lawsuit attorneys at Ostrer Rosenwasser, LLP today.