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Encephalopathy Vaccine Injury Compensation
Encephalopathy and encephalitis are serious neurological conditions that can cause lasting cognitive, behavioral, and physical impairments. While these conditions are most often linked to infections or underlying medical issues, in rare cases, they may occur after a vaccination.
When this happens, individuals and families may be entitled to compensation through the federal Vaccine Injury Compensation Program (VICP). This program exists specifically to help people who suffer severe side effects from covered vaccines, but filing a claim can be complicated and medically demanding.
At mctlaw, our vaccine injury lawyers have represented clients nationwide for more than 25 years. Over the course of that time, we have secured hundreds of millions of dollars in compensation through the program, guiding families through every step of the process.
IMPORTANT: This information does NOT apply to injuries from the COVID vaccine.
Can Vaccines Cause Encephalitis or Encephalopathy?
Vaccines play an essential role in preventing the spread of dangerous infectious diseases and are considered safe for the overwhelming majority of people. However, like any medical intervention, they can carry risks.
In rare circumstances, neurological complications such as encephalitis, encephalopathy, or related inflammatory brain conditions may develop following a vaccination. Federal health agencies recognize that severe reactions can occur, which is why the Vaccine Injury Compensation Program was created to provide financial support to affected individuals.
It is important to understand that a vaccine injury claim does not mean the vaccine was unsafe for the general population. Instead, the program acknowledges that even beneficial medical treatments can cause serious adverse outcomes in individual cases.
When encephalopathy develops after vaccination, medical records, symptom timing, expert analysis, and diagnostic findings often play a critical role in determining whether the condition may qualify for compensation.
What Vaccines Have Been Linked to Encephalitis and Encephalopathy?
According to reports published by the Centers for Disease Control (CDC) and the National Center for Biotechnology Information (NCBI), the following vaccines have been linked to encephalitis.
- MMR vaccine – Measles, Mumps, and Rubella
- DTP or DTaP vaccine – Diphtheria,Tetanus, and Pertussis (whooping cough)
- Influenza (flu) vaccine
- Varicella or Chicken Pox Vaccine
Some of these vaccines have also been associated with conditions similar to secondary encephalitis, such as acute disseminated encephalomyelitis (ADEM) and measles inclusion body encephalitis. ADEM is a brief but intense inflammation of the brain and spinal cord.
Not every neurological condition following vaccination qualifies for compensation. The key issue is whether the condition meets the criteria established by the Vaccine Injury Compensation Program and whether sufficient medical evidence supports the claim.
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How Encephalopathy Vaccine Injury Claims Work
If you or a loved one has suffered from a serious neurological condition as a side-effect of receiving a covered vaccine, you may be eligible to recover compensation for your medical treatment, rehabilitation, lost earnings, and pain and suffering. However, filing a claim is not a simple task.
The Vaccine Injury Compensation Program is a specialized federal system with its own rules, deadlines, medical standards, and legal procedures. Claims are filed in the U.S. Court of Federal Claims and typically require extensive documentation, including medical records, expert reports, and proof that the injury meets program requirements.
To qualify, a claim generally must show that:
- The vaccine involved is covered by the program
- The injury lasted longer than six months or, it required hospitalization and surgery, or resulted in death
- The claim is filed within the program’s deadline
- Medical evidence supports a connection between the vaccine and the condition
These cases often involve complex medical questions, and the process can take time. For this reason, many families choose to work with an attorney experienced in vaccine injury law who understands the evidentiary requirements and how to present neurological injury claims effectively.
mctlaw’s attorneys handle the full process, from gathering medical records and working with experts to filing the claim and representing clients throughout the proceedings. The program also pays attorneys’ fees separately, meaning clients keep the full amount of any compensation awarded.
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Cases of encephalitis and other serious neurological injuries following vaccination are extremely rare, but when they do occur, the impact can be devastating. The Vaccine Injury Compensation Program exists to help affected families recover, but navigating this program demands careful attention to medical documentation, legal deadlines, and evidentiary requirements.
mctlaw has represented clients nationwide in vaccine injury claims for more than 25 years. We have recovered millions of dollars across all types of injury claims, including a VICP settlement of $101 million for an individual who suffered from encephalitis after the MMR vaccine.
Our legal team handles the full vaccine injury claim process, from gathering medical records and working with experts to filing the claim and representing clients throughout the proceedings. Because the VICP pays attorneys’ fees separately, our clients keep the full amount of any compensation awarded.
Contact us today to learn more about whether you may be eligible to receive compensation.
Encephalopathy After a Vaccination?
There is a strict deadline to file a claim, so don’t wait to find out if you qualify for Vaccine Injury Compensation.
FAQ About the Vaccine Injury Compensation Process
Do I Need an Attorney?
Yes. We advise that you DO NOT attempt to represent yourself in the National Vaccine Compensation Program. Hiring a vaccine attorney comes at no cost to you because the Court pays for all legal fees.
How Much Will this Cost Me? Nothing. Here’s Why:
There is NO cost to file a claim. mctlaw does not charge its clients to represent them in cases brought under the National Vaccine Injury Compensation Program. We do not take a percentage or contingency fee from your financial award. We are paid separately by the Court of Federal Claims at the conclusion of the case.
As a service to our clients, our Firm also covers the costs of litigating the case, such as filing fees, expert witness fees, travel expenses, etc.
Do I Need to Hire a Lawyer in My State?
No. The Vaccine Court is located in Washington, DC, and covers all vaccine injury claims in the United States. This is not a “local” case that a local personal injury lawyer should handle.
Our attorneys are ready to represent you no matter where you live in the United States and its territories. Our attorneys come to you at or near your home so there is no need for you to travel to our offices in Washington, DC, Sarasota, FL, or Seattle, WA.
What Information Do We Need to Start Building a Case?
First, we need a copy of your vaccine record. This tells us exactly what vaccines you got and when you got them.
Next, we’ll ask for copies of all relevant medical records and a list of every doctor or hospital where you’ve received treatment for your vaccine injury.
We use this information to gather the remaining medical records on file at each location.
We then turn over a copy of your complete and comprehensive medical records to the Court.
How Long Does the Entire Process Take?
This process is designed to be quicker than civil litigation. With some exceptions, it usually is.
A hearing on whether the vaccine caused the injury often occurs within a year. Cases that settle can conclude in as little as a year or two. Other cases, despite our best efforts, can take several years.
How Much is Usually Awarded in these Cases?
Compensation includes monetary damages for pain and suffering, past and future medical expenses, past and future lost wages, and reasonable attorneys’ fees and costs. Compensation for pain and suffering is limited to a maximum of $250,000. There is no limit of compensation for medical expenses and lost wages.
Diana L. Stadelnikas is a lawyer who represents vaccine injury clients and families across the United States. She is admitted to the Florida Bar and is a member of the bar of the United States Court of Federal Claims in Washington, DC. Ms. Stadelnikas has a Bachelor of Science Degree in Nursing. Diana was part of a pioneering team of pediatric surgical nurses at West Virginia University Medical Center.
Sources
- https://www.cdc.gov/mmwr/preview/mmwrhtml/00046738.htm
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4447805/
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2603512/#b10-pch13597
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2603512/
- https://www.webmd.com/a-to-z-guides/understanding-encephalitis-basics
- https://www.mayoclinic.org/diseases-conditions/encephalitis/symptoms-causes/syc-20356136
- https://www.mayoclinic.org/diseases-conditions/encephalitis/diagnosis-treatment/drc-20356142
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3889594/
- https://www.cdc.gov/vaccines/vpd/mmr/public/index.html
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2603512/#b10-pch13597
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2603512/
