Were you or a member of your family harmed as a result of a vaccine containing Tetanus Toxoid? In some patients, vaccines containing Tetanus Toxoid, including DTaP, DTP, DT, Td, and TT, can result in anaphylaxis. If you or a loved one suffered harm, you may have questions about the legal options available to you. Here at the Downtown L.A. Law Group, our team is more than ready to handle your claim and help you get justice. If you are ready to explore the legal options available to you, contact us today.

Anaphylaxis from Vaccines Containing Tetanus Toxoid

Anaphylaxis is a rare but severe allergic reaction that can occur after receiving any vaccine containing tetanus toxoid. These vaccines may include DTaP, DTP, DT, Td, and TT. In general, these vaccines are safe and effective in preventing serious diseases such as tetanus, diphtheria, and pertussis. Still, adverse reactions can happen in a small number of patients.

Anaphylaxis may develop within minutes to hours from the vaccination. Symptoms may include the following:

• Difficulty breathing

• Swelling of the throat/tongue

• Rapid heartbeat

• Dizziness

• Hives

• Sudden drop in blood pressure

Even with prompt care, affected individuals may require hospitalization and may be left with complications. In some cases, anaphylaxis can result in death.

Understanding Liability for Vaccine-Related Injuries

In general, vaccine-related injuries in the U.S. are handled differently from the average personal injury case. Rather than directly suing a vaccine manufacturer or healthcare provider, claims can be filed against the National Vaccine Injury Compensation Program (VICP). The VICP is a federal program created to ensure vaccine supply stability while providing a legal pathway for individuals who may experience adverse effects as a result of vaccines.

Can I File a Lawsuit?

In most situations involving tetanus toxoid vaccines, affected patients and their families cannot immediately file a traditional lawsuit is civil court. Rather, a petition must first be made through the VICP. Only after going through the VICP process (and under limited circumstances), affected individuals may pursue civil claims. In general, this system is designed to be less adversarial and more efficient than regular litigation.

More about the VICP Process: the VICP is a no-fault system designed to compensate individuals who have been injured by specific vaccines. Before filing a petition with the program, eligibility must be determined. The claim must involve a covered vaccine, an injury that lasted more than six months, resulted in hospitalization/surgery, or caused death, and must be filed within the appropriate timeframe. Next, the necessary documentation must be collected. Required documents may include vaccination records, complete medical records, physician statements, if available, and, if applicable, death certificates and autopsy reports. Then, the petition must be filed. This petition must be filed with the U.S. Court of Federal Claims. The petition has a filing fee that may be waived. The original petition and two copies must be submitted via mail to the U.S. Court of Federal Claims and another copy must be served to the Department of Health and Human Services. Finally, the case is reviewed and a judge determines whether the case meets the criteria to receive compensation.

What Compensation Can I Recover?

Some of the different categories of compensation available for recovery could include the following:

• Medical expenses

• Lost income

• Pain and suffering

• Death benefits

To be eligible for compensation, claimants will not need to prove negligence. Rather, claimants only need to prove that the vaccine likely caused the injury.