Chicken Pox or Varicella and Vaccine Injuries

About the Chicken Pox Vaccine (Varicella) and Vaccine Injury

Chickenpox is an infectious disease caused by the varicella-zoster virus (VZV). The main symptom of chickenpox is an itchy, blistering skin rash. These itchy blisters typically begin on the back, face, or chest and spread to other parts of the body as the virus progresses.

Varicella can also cause fevers, skin infections, swelling of the brain, and other complications. This highly contagious and potentially deadly disease can be prevented through the varicella vaccine, otherwise known as the chickenpox vaccine.

Guillain-Barré Syndrome GBS

GBS is an autoimmune disorder that causes your immune system to attack the protective layer around the nerves. The symptoms of GBS can begin several days after an immunization like varicella or the chicken pox shot.

Reactions Commonly Associated With Varicella Vaccines

Vial of vaccine and syringe

Encephalitis / Encephalopathy

Encephalitis is a swelling of the brain. Sometimes patients who get the Varicella, or Chicken Pox vaccine can experience a severe reaction such as encephalitis or encephalopathy. 

Medical professional hands wearing gloves holding vaccine

Autoimmune Hepatitis

Autoimmune Hepatitis is when the body’s own immune system attacks the liver cells, causing liver damage. In rare cases, autoimmune hepatitis has happened in patients who recently received the flu vaccine.

SIRVA

Polymyalgia Rheumatica

Polymyalgia Rheumatica (PMR) is a condition that causes widespread pain and stiffness throughout the body.The cause of PMR remains unknown, but in rare cases some people develop PMR after getting the chickenpox or MMR-V vaccine.

Chicken Pox (Varicella) Vaccine Injury Case Results

Our attorneys obtain significant financial compensation for severe reactions to the chickenpox vaccine for our clients. Some of the most common adverse reactions our attorneys have seen include: Guillain-Barre Syndrome (GBS), Aplastic Anemia, Immune Thrombocytopenia Purpura, and Idiopathic Thrombocytopenic Purpura

Between 2006 and 2018, 105 petitions were filed for varicella vaccine-related injuries. Of those 105 cases, 69 of them resulted in financial compensation to the victims. These numbers take into account compensations for the varicella vaccine (ViraVax®) and the MMR-V vaccine (ProQuad®).

    • Between 2006 and 2018, the NVICP awarded financial compensation to at least 23 individuals injured by the MMR-V (ProQuad®) vaccine.
    • Between 2006 and 2018, the NVICP awarded compensation to 46 individuals injured by the varicella (ViraVax®) vaccine.

See How Much We've Won For Our Vaccine Injury Clients

See a list of mctlaw's client awards. The entire dollar amount shown goes directly to our clients because our legal fees are paid separately by the Federal Court

How the Vaccine Injury Compensation Program Works

  • mctlaw files all vaccine injury cases through the National Vaccine Injury Compensation Program (NVICP), a special no-fault court designed to compensate individuals who suffer severe vaccine injuries. Because mctlaw’s legal fees are paid directly by the NVICP, you will never pay any money to our firm–even if you receive compensation for your vaccine injury. In fact, it is illegal for attorneys to charge clients any fees related to an NVICP case.
  • According to the U.S. Health Resources and Services Administration (HRSA), for every one million vaccines administered in the U.S., there is one NVICP payout. Because there are such strict regulations to qualify for NVICP compensation, having attorneys with extensive vaccine court experience is key to your case.
  • Vaccine injury payouts can happen two different ways: as a direct compensation from the NVICP, or as the result of an out-of-court settlement. According to the Health Resources and Services Administration (HRSA), the average length of time from filing to receiving a payout is about two to three years.

In-Court Compensation for Vaccine Injury:

In order to receive compensation from the court, the petitioner must prove that there is a causal relationship between the vaccine and the injury. This means the petitioner must show that the vaccine was the logical cause of the injury. This requires the petitioner’s attorneys to present evidence such as:

  • Medical theories–such as peer-reviewed, scientific studies–showing a connection between a particular vaccine and a particular injury.
  • A plausible series of events showing a cause-and-effect relationship between the vaccine and the injury
  • A timeline that clearly connects the injury to the vaccine

Out-of-Court Vaccine Injury Settlements: 

According to the Health Resources Services Administration (HRSA), about “70 percent of all compensation awarded by the VICP comes as a result of a negotiated settlement.” Negotiated settlements may happen outside of court when the Department of Health and Human Services has not concluded that the vaccine caused the injury. HRSA notes that negotiated settlements typically reduce the time and cost of litigating a case.

Types of Variella Vaccines

According to the Center for Disease Control (CDC), varicella immunization should be given in two rounds. The first chickenpox shot is typically given to babies between 12 and 15 months of age, followed by the booster shot which is given between 4 and 6 years old.

In the United States, there are two different options for varicella immunization: Viravax® and ProQuad® (MMR-V).

  • ViraVax® is the chickenpox vaccine, also known as the varicella vaccine. Anyone over 12 months old can use this vaccine. This vaccine has been FDA-approved since 1995.
  • ProQuad® (MMR-V) is a combination vaccine that protects against measles, mumps, rubella, and varicella. This vaccine is only licensed for use in babies and children between 12 months and 12 years old. This vaccine has been FDA-approved since 2005.

According to the CDC, a single dose of the chickenpox vaccine is about 82% effective at warding off all strains of varicella, and almost 100% effective at preventing severe chickenpox cases. Two doses of chickenpox vaccine are between 92% and 98% effective at preventing all strains of varicella.

Content Reviewed by Jessica Olins - Vaccine Injury Lawyer

Jessica Olins
Jessica A. Olins’ practice at Maglio Christopher & Toale, P.A., focuses on representing clients in the National Vaccine Injury Compensation Program. Ms. Olins graduated with a Bachelor’s degree from Redlands University and graduated from American University Washington College of Law. While at Redlands University, Ms. Olins excelled in leading and training her colleagues through new developments in spatial mapping, involving geographic information system software and geodatabase management applications. Her law practice also involves engaging in subpoena enforcement in federal district courts nationwide. Ms. Olins is a member of the <a href="https://vipba.memberclicks.net/home" Vaccine Injury Practitioners Bar Committee, assisting in the preparation and organization of the VIP Bar Conferences. Ms. Olins is a member of the American Association for Justice and its New Lawyers Division. Additionally, Ms. Olins is a member of the Young Lawyers Division of the United States Court of Federal Claims.

https://www.cdc.gov/vaccines/vpd/varicella/public/index.html
https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/data/data-statistics-report.pdf
https://www.cdc.gov/vaccines/hcp/vis/vis-statements/varicella.html
https://www.cdc.gov/vaccines/vpd/varicella/hcp/about-vaccine.html
https://www.cdc.gov/vaccinesafety/vaccines/varicella-vaccine.html
https://www.mayoclinic.org/diseases-conditions/polymyalgia-rheumatica/symptoms-causes/syc-20376539
https://rarediseases.info.nih.gov/diseases/5871/autoimmune-hepatitis

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