Vaccine injury cases are very challenging. Here are 3 things you don’t need to file a vaccine injury claim.
1. Treating Doctor Support
A common mistake vaccine injured people make is thinking they must have treating doctor’s support. Treating doctor support of a vaccine injury is rare. More importantly, it’s not necessary. If you have a Table case, causation is presumed. In a non-Table case we will have to engage an expert witness to testify on your behalf. Treating doctors are typically not sufficient on their own to demonstrate causation. If your treating doctor doesn’t think the vaccine injured you, it doesn’t matter.
2. Proof of Malpractice
Another common misconception is that you need proof that your vaccine administrator, that is the person who gave you the vaccine, committed malpractice. This is not true. Simply giving a vaccine in most cases is not malpractice. Vaccine injury claims do not need proof of malpractice. You do not need another doctor to testify that giving the vaccine was malpractice for a vaccine injury claim. Vaccine injury claims are considered “no fault” claims. That means you don’t have to prove fault. Which leads to a 3rd common myth about vaccine injury cases.
3. Proof of Pharma Wrongdoing.
Vaccine injury claims are not lawsuits against the vaccine manufacturers. They are not lawsuits at all. Vaccine injury claims are claims against a government fund. Those claims are “no fault” meaning you need to prove the manufacturer did anything wrong. Typically, vaccine manufacturers have no role in vaccine injury claims. Proof of wrongdoing by Pharma is not necessary.
Vaccine injury cases are quite difficult and take a long time. Often, people hesitate to call about a vaccine injury claim because they lack treater support, or proof of malpractice or wrongdoing. These three things are not necessary to be successful in a vaccine injury claim, so don’t hesitate to call.
For more information contact The Law Office of Renée J. Gentry, Esq.