Vaccine injury cases are rare but real. Massachusetts residents may have legal options for compensation outside the standard health system.

Vaccine Injuries: When Medical Prevention Causes Harm

Vaccines play a critical role in public health, but like any medical intervention, they can come with risks. While most people experience only mild side effects, a small percentage suffer adverse reactions that can lead to long-term complications. In Massachusetts, individuals who sustain serious injuries after vaccination may be entitled to financial relief, but pursuing a claim requires understanding a distinct legal framework.

Federal Compensation First: The National Vaccine Injury Compensation Program

What Is the NVICP?

The National Vaccine Injury Compensation Program (VICP) is a no-fault alternative to the traditional court system, created in 1986 to handle claims of injury caused by certain vaccines. Instead of filing a civil lawsuit directly against a doctor or manufacturer, injured individuals must first seek compensation through this federal program.

How It Works

  • Eligible vaccines include those routinely administered, such as the MMR, DTaP, and flu shots.
  • Filing deadline: Claims must be submitted within three years of the first symptom, or two years after a vaccine-related death.
  • No proof of negligence required: The petitioner must only demonstrate that the vaccine likely caused the injury.
  • Compensation types: Medical expenses, lost income, and up to $250,000 for pain and suffering.

Over $4.9 billion has been awarded since the program’s inception, with annual payouts averaging over $200 million in recent years. Although the process is federal, Massachusetts residents must follow these same steps.

Legal Recourse Outside the VICP

When Can You Sue Directly?

In most cases, claims involving routine childhood or seasonal vaccines must go through the VICP first. However, there are exceptions:

  • COVID-19 Vaccine Injuries: Claims involving COVID-19 vaccines do not fall under the VICP. Instead, they are handled by a separate entity—the Countermeasures Injury Compensation Program (CICP).
  • Non-covered vaccines: If the vaccine is not on the VICP schedule, or the injury doesn’t meet the program's criteria, individuals may have the right to pursue traditional legal claims.

COVID-19 Claims and the CICP

The CICP has been widely criticized for offering limited transparency and significantly lower compensation than the VICP. According to federal data as of early 2024:

  • Fewer than 10 percent of COVID-19 vaccine claims have been compensated.
  • The program does not allow for legal appeals.
  • Damages for pain and suffering are not available.

Because of these restrictions, injured parties have few legal avenues for COVID-19 vaccine claims, though legislative changes have been proposed.

State-Based Claims: Massachusetts Law and Liability Limits

Healthcare Provider Negligence

If a vaccine injury results from improper administration—such as injecting the wrong dosage or using contaminated equipment—medical malpractice laws in Massachusetts may apply.

To pursue a malpractice claim in Massachusetts:

  • You must prove negligence, such as a deviation from standard medical care.
  • A qualified medical expert is typically needed to validate the claim.
  • There’s a three-year statute of limitations, but discovery rules may extend the timeframe if the injury wasn’t immediately apparent.

Massachusetts caps non-economic damages in medical malpractice cases at $500,000, except in cases involving substantial disfigurement or permanent loss of a bodily function.

Employer-Mandated Vaccines and Workers' Comp

Some employers, particularly in healthcare and education, require vaccinations. If an injury results from a vaccine administered as part of job requirements, the worker may be eligible for workers' compensation benefits.

Massachusetts workers’ comp may cover:

Unlike malpractice claims, workers' comp does not require proving fault.

Steps to Take If You Believe You’ve Suffered a Vaccine Injury

1. Seek Immediate Medical Attention

Documenting symptoms early is vital—not only for your health, but for any legal claim. Keep copies of medical records, doctor’s notes, and diagnostic tests.

2. Report the Adverse Event

Use the Vaccine Adverse Event Reporting System (VAERS) to report your injury. This database helps track patterns of side effects and is often used as supporting evidence in compensation claims.

3. Consult a Vaccine Injury Attorney

The legal and administrative processes surrounding vaccine claims are complex. Attorneys who handle vaccine injury cases can help determine the most appropriate path—whether it’s filing a VICP claim or exploring civil litigation under Massachusetts law.

4. Meet All Deadlines

Missing a filing deadline can permanently bar your ability to recover compensation. Because timelines vary depending on the type of claim—federal or state—it’s important to act quickly.

How an Experienced Attorney Can Help

Navigating a vaccine injury case requires a strategic approach that weighs your options across both state and federal systems. An experienced attorney can:

  • Assess whether your vaccine is covered by the VICP or CICP
  • Handle document preparation, expert witnesses, and procedural rules
  • Advocate on your behalf during hearings or settlement negotiations
  • Identify potential claims under Massachusetts malpractice or workers’ comp laws

In vaccine-related cases, legal counsel is especially important because most standard personal injury attorneys do not regularly engage with federal vaccine courts or niche government programs.

Conclusion

If you’ve experienced serious complications after receiving a vaccine in Massachusetts, you may have legal options—but the process for pursuing compensation is different from most injury claims. Federal programs like the VICP or CICP are often the first step, but there are situations where state-based malpractice or workers’ compensation claims may apply. Given the strict filing requirements and complex structure of these programs, working with a knowledgeable attorney can make a significant difference in the outcome of your case.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured due to a vaccine injury, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.

Contact us today for a free legal consultation.

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