As more Americans take vaccines from injury into well into their senior years, injuries from vaccines will inevitably follow. An ensuing injury of Guillain Barre syndrome from the flu vaccine is one of the most common claims.
The National Vaccine Injury Compensation Program was established to provide compensation to those individuals who have suffered an illness, disability, injury, or even death from a vaccine. The standard by which the Court of Federal Claims determines a link is known as a preponderance of the evidence. Simply put, is it likely that the injury complained of was in fact caused by the vaccine.
To determine causation in a vaccine injury case, the special master (the term given to what is traditionally the judge in most civil matters) makes a finding of causation based on medical records and / or medical opinion. Simple claims of injury by the complainant or petitioner are not enough to warrant compensation. Besides examining medical and scientific evidence, the special master pays heavy attention to diagnoses or conclusions made by medical professionals regarding causation of the petitioner’s conditions. Medical professionals can also comment on residual long-term effects of the vaccine injury.