Fainting After a Vaccine: Is it a Covered Injury?
The vaccine injury compensation program (VICP) was created to ensure that vaccine recipients could be compensated for vaccine-associated injuries. It came about at a time when the costs of lawsuits against vaccine manufacturers - even for injuries which were not caused by vaccines - got so high that manufacturers were going to stop manufacturing certain vaccines to avoid those lawsuit costs.
So, to ensure that there was no shortage of vaccines, the United States Congress stepped in and created a fund paid for by the vaccine manufacturers with small fees for every dose of vaccine they make. The VICP put in place to use those funds to compensate those injured by vaccines, as well as pay for the injured parties’ legal representation.
Some injuries are common enough that the VICP does not even ask you to prove the vaccine caused your injury. These so-called, "table injuries," include an injury called, "vasovagal syncope." That is the medical term for a sudden drop in heart rate and blood pressure caused by a trigger (like the sight of blood or having an injection) which often leads to unconsciousness. Most of us just call it fainting
Fainting after a vaccine administration is common, and that is perhaps not surprising. Some folks faint when the see blood. Some folks faint after getting an injection. It is so common that the CDC has received reports of people fainting after nearly all vaccines.
The good news is that the fainting itself is relatively harmless and most people recovery quickly and fully. In those cases, fainting would not be covered by the VICP and then person who fainted would not be entitled to compensation. That is because to make sure that the funds are reserved for those who are seriously injured, the VICP has a "severity" requirement for entitlement to compensation.
Specifically, for an injury to meet the severity requirement:
(1) the effects of the injury either lasted at least 6 months, or
(2) the injury resulted in inpatient hospitalization and surgery, or
(3) the injury resulted in death.
Recovery from fainting is almost always quick and it usually has no long-lasting effects. However, whenever a person suddenly loses consciousness, there is a risk of falling. If a person falls as a result of fainting after a vaccine, and sustains an injury as a result which causes more than six months of effects, or results in inpatient hospitalization and surgery, or results in death, the severity requirement of the VICP might be met. In those cases, fainting would be covered by the VICP, and that person or their family might be entitled to compensation.
However, determining whether or not the VICPs severity requirement is met can be complicated, and not all vaccines are covered by the program. Furthermore, that is not the only requirement a person need to meet to be compensated by the VICP. Therefore, if you have fainted after a vaccine, you should contact an attorney experienced with the VICP. You should also do so soon, as there are time limits which might affect your eligibility for compensation. The vaccine injury lawyers at Rawls Law Group can help you file your claim.