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        <title><![CDATA[Vaccine Injury - Baseluos Law Firm]]></title>
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        <link>https://www.sanantonioinjuryaccidentlawyer.com/blog/categories/vaccine-injury/</link>
        <description><![CDATA[Baseluos Law Firm's Website]]></description>
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                <title><![CDATA[Flu Vaccine can cause Guillain Barre Syndrome (GBS)]]></title>
                <link>https://www.sanantonioinjuryaccidentlawyer.com/blog/flu-vaccine-can-cause-guillain-barre-syndrome-gbs/</link>
                <guid isPermaLink="true">https://www.sanantonioinjuryaccidentlawyer.com/blog/flu-vaccine-can-cause-guillain-barre-syndrome-gbs/</guid>
                <dc:creator><![CDATA[Baseluos Law Firm]]></dc:creator>
                <pubDate>Wed, 04 Jan 2017 16:11:02 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Vaccine Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Flu and influenza vaccines can cause GBS. The Federal Court of Claims is now accepting that flu vaccination can cause GBS under traditional theories like molecular mimicry. </p>
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                <content:encoded><![CDATA[
<p>Although Guillain Barre Syndrome is thought to be the result of an infectious illness in the weeks prior to the onset of GBS (Over 60% of GBS cases are associated with prior acute infection by several bacterial species and viruses), the Federal Court of Claims has come to accept that GBS can also be caused by vaccination, specifically the influenza / flu vaccination. The objective in filing a claim with the Vaccine Injury Compensation Program (VICP) is to demonstrate the substantially probability that the influenza vaccine activated the immune system against components of the nervous system similar to its activation by viral or bacterial infection in non-vaccinated GBS cases.</p>


<div class="wp-block-image alignright">
<figure class="size-full is-resized"><img loading="lazy" decoding="async" width="586" height="440" src="/static/2017/01/GBS-Flu-needle-picture.jpg" alt="Flu needle" class="wp-image-456" style="aspect-ratio:1;object-fit:cover;width:300px" srcset="/static/2017/01/GBS-Flu-needle-picture.jpg 586w, /static/2017/01/GBS-Flu-needle-picture-300x225.jpg 300w" sizes="auto, (max-width: 586px) 100vw, 586px" /></figure></div>


<p>The most commonly proposed mechanism for the development of autoimmune disease is molecular mimicry. This is a strong theory advocated by neurologist experts in arguing for the role of flu vaccination in the development of GBS. Molecular mimicry refers to a situation where the pathogen and host (ie. the human body) share nearly identical antigens, which induces an antibody and T cell immune response that is cross reactive, meaning the antibody reacts with similar sites across a wide spectrum of proteins. There are multiple ways in which an immune response can become cross-reactive. The strongest evidence for the molecular mimicry hypothesis has come from discoveries in research with <em>jejuni </em>strains, the most common pathogen associated with GBS.</p>



<p>A neurologist expert in a vaccine causation case will argue that it is substantially probable that the influenza vaccine triggered the immunological reaction that causes GBS or variant Miller Fisher Syndrome by molecular mimicry or non specific activation of the immune system. The immune system could recognize the vaccine and the victim may share nearly identical antigens, which induces an antibody and T cell immune response that is cross reactive. Many Special Masters, who review and decide GBS flu cases filed in the <a href="http://www.uscfc.uscourts.gov/" target="_blank" rel="noopener noreferrer">Court of Federal Claims</a>, are aware of molecular mimicry, and the theory is generally widely accepted as a basis for causation. Lately, the Department of Health and Human Services has accepted the link between flu vaccine and GBS provided there is no evidence of an alterative form of causation such as a gastrointestinal or upper respiratory illness. Consequently, GBS flu cases are proceeding much more quickly through the <a href="https://www.hrsa.gov/vaccinecompensation/index.html" target="_blank" rel="noopener noreferrer">Vaccine Injury Compensation Program </a>without the need for neurology experts. Baseluos Law Firm is well versed in the handling of <a href="/practice-areas/personal-injury/pharmaceutical-drug-medical-device-injuries/vaccine-injuries/">GBS flu vaccine</a> injury cases, and has obtained settlements of several hundred thousand dollars each for individual claimants.</p>



<p>The Miller Fisher variant of GBS is also linked to the flu vaccine. In Miller Fischer, the victim develops ataxia (defined as the presence of abnormal, uncoordinated movements), ascending numbness, and facial palsy shortly after the influenza vaccination. The key distinguishing difference between GBS and the Miller Fischer variant is that while GBS victims experience descending numbness from their upper extremities, Miller Fischer victims experience ascending numbness originating from their lower extremities (legs , toes). Both GBS and the Miller Fischer variant can all develop after an antecedent infection and share a characteristic elevation of cerebrospinal fluid (CSF) protein. An elevation in CSF proteins is often a tell tale marker of GBS, and lumbar punctures are the primary mechanism to identify the elevation. GBS victims often develop a disabling chronic fatigue syndrome, often manifesting itself as chronic inflammatory demyelinating polyneuropathy (CIDP). Their conditions are often compatible with the spectrum of acute inflammatory polyneuropathies with vaccination as the triggering factor.</p>
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                <title><![CDATA[GBS Flu Vaccine Injury Compensation]]></title>
                <link>https://www.sanantonioinjuryaccidentlawyer.com/blog/gbs-flu-vaccine-injury-compensation/</link>
                <guid isPermaLink="true">https://www.sanantonioinjuryaccidentlawyer.com/blog/gbs-flu-vaccine-injury-compensation/</guid>
                <dc:creator><![CDATA[Baseluos Law Firm]]></dc:creator>
                <pubDate>Tue, 03 Jan 2017 20:39:36 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Vaccine Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Have you suffered from Guillain Barre following the flu vaccination ? You are entitled to compensation at no cost through the Vaccine Injury Compensation Program.</p>
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                <content:encoded><![CDATA[
<p>GBS can be one of the most debilitating, difficult neurological reactions following vaccination. A client with GBS who comes to Baseluos Law Firm is often burdened by long rehabilitation stays, invasive surgery including lumbar puncture and Intravenous Immunoglobulin (IVIG), and new restrictions on their ability to produce income and lead a normal life. The Vaccine Injury Compensation Program will demand that a petitioner suffer residual symptoms of their injury for at least six months after their injury or major surgery. Often, GBS vaccine injury victims have no problem meeting the 6 month threshold as the various tingling, numbness, foot drop, temperature sensitivity, and general fatigue can linger for years after the first line of treatment. GBS vaccine injury victims often have strong claims for past and future suffering, past and future income loss, and past and future out of pocket medical costs.</p>


<div class="wp-block-image alignright">
<figure class="size-full is-resized"><img loading="lazy" decoding="async" width="324" height="439" src="/static/2017/01/disabled-parking-sign-displaying-a-wheel-chair-1632477.jpg" alt="Disabled parking sign, displaying a wheel chair" class="wp-image-447" style="width:300px" srcset="/static/2017/01/disabled-parking-sign-displaying-a-wheel-chair-1632477.jpg 324w, /static/2017/01/disabled-parking-sign-displaying-a-wheel-chair-1632477-221x300.jpg 221w" sizes="auto, (max-width: 324px) 100vw, 324px" /><figcaption class="wp-element-caption">Disabled parking sign, displaying a wheel chair, copy space</figcaption></figure></div>


<p>In the course of recovery, the GBS victim will eventually walk without assistance. However, they may still continue to experience residual symptoms, including excessive fatigue, especially when exercising as well as fasciculations, which are brief, spontaneous contractions of the muscles. Michael Baseluos has witnessed GBS clients who even years after their initial vaccine injury, still experience paresthesia in both hands and easily fluctuating blood pressure and heart rate than prior to GBS. Rippling of the muscles under the eyelids and over the cheek along with intermittent diarrhea may also be present. White matter changes on the MRI is another tell tale sign of GBS sequelae, or long term consequences related to Guillain Barre. These findings are suggestive of autonomic dysfunction. There is no cure for the disorder, but several treatments can ease pain and reduce the duration of the illness. Most people recover completely from even the most severe cases of GBS. GBS survivors will return to some normalcy but these type of residual symptoms can still persist, forming a strong basis for compensation for future pain and suffering, income loss, and out of pocket medical costs.</p>



<p>In cases where the client was healthy before a flu shot, the government has a much more difficult time arguing that influenza infection, upper respiratory or gastrointestinal infection are the culprits behind Guillain Barre Syndrome. About two thirds of GBS cases have an antecedent infection within six weeks prior to symptom onset, generally an upper respiratory tract infection or gastroenteritis. Epstein-Barr virus, <em>Mycoplasma pneumoniae, Campylobacter jejuni </em>and cytomegalovirus, are some of the non-vaccine infectious agents.</p>



<p>Because vaccines affect the body at a micro level, it is impossible to know the exact mechanism by which they cause injury. We know GBS can be triggered not only by vaccines but also by a respiratory infection or the stomach flu. The <a href="https://www.hhs.gov/" target="_blank" rel="noopener noreferrer">Department of Health and Human Services </a>(HHS) which represents the government’s interest will often argue that a person’s GBS was triggered not by a vaccination but by a respiratory or gastrointestinal illness. A <a href="/practice-areas/personal-injury/pharmaceutical-drug-medical-device-injuries/vaccine-injuries/">GBS lawyer </a>like Mike Baseluos knows how to attack these arguments using strong neurologist experts. The key to success in a GBS vaccine injury case is to demonstrate the client had no antecedent upper respiratory or gastrointestinal infection within six weeks prior to symptom onset. Removing this argument creates a strong case where it becomes substantially probable that the flu vaccine for example is demonstrated to be the triggering factor for GBS similar to the one triggered by upper respiratory or gastrointestinal infection in non vaccination GBS patients. It should be noted that even in cases where the client did have an infection prior to GBS onset, arguments can be made on the timing element to demonstrate the vaccine, not the infection, was the most significant factor in causation.</p>
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                <title><![CDATA[Guillain Barre (GBS) Vaccine Injury and the link to Vaccinations]]></title>
                <link>https://www.sanantonioinjuryaccidentlawyer.com/blog/guillain-barre-gbs-vaccine-injury-link-vaccinations/</link>
                <guid isPermaLink="true">https://www.sanantonioinjuryaccidentlawyer.com/blog/guillain-barre-gbs-vaccine-injury-link-vaccinations/</guid>
                <dc:creator><![CDATA[Baseluos Law Firm]]></dc:creator>
                <pubDate>Sun, 01 Jan 2017 20:03:12 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Vaccine Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Guillain Barre Syndrome (GBS) is a rare form of acute neuromuscular paralysis.  GBS vaccine injury can develop following multiple types of vaccinations.</p>
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                <content:encoded><![CDATA[
<p>Guillain Barre Syndrome (GBS) is a rare form of acute neuromuscular paralysis. It is often characterized by numbness or tingling sensation on the legs and arms often accompanied by loss of feeling in the arms, legs, and face. GBS generally begins with descending paralysis and tingling. In the Miller Fischer variant of GBS, there is a progressive ascending paralysis that begins in the toes with the loss of deep tendon reflexes.</p>


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<figure class="size-full is-resized"><img loading="lazy" decoding="async" width="214" height="300" src="/static/2014/12/1158314_nurse_1.jpg" alt="Vaccine" class="wp-image-118" style="width:300px"/></figure></div>


<p>BLF has fought for many clients who have developed GBS as a result of vaccinations, specifically the flu and TDaP vaccinations. Most if not all vaccinations are capable of producing Guillain Barre Syndrome. Often, the patient develops tingling in their fingers and toes which depending on the type of GBS can progress to upper or lower extremities and even the face. Victims of GBS complain of gait difficulties, generalized weakness and fatigue. Vaccination victims may complain of being off balance and having “spongy” feet.</p>



<p>Clients will often seek assistance from a medical center emergency room when their symptoms become extremely exacerbated and the tingling and numbness have become severe. Some medical doctors misdiagnose GBS as being psychosomatic or a product of anxiety. If this occurs, BLF advises that clients immediately demand a neurological examination as there are clear markers of GBS following vaccination. Blood work may be taken and in the case of respiratory failure due to paralysis, chest CT and chest CT angiograms will be taken to rule out pulmonary embolus. It is not uncommon for a client to be released from a hospital on a misdiagnosis only to return a few days later when symptoms have progressed, and the client now suffers from intermittent double vision, major fatigue and unsteady gait. Numbness and tingling from Guillain Barre can progress to affect the lower, trunk, upper extremities and face including the tongue.</p>



<p>Often, a GBS victim of vaccination will consult with their primary care physician with several complaints including diffuse numbness and bobbling head. Neurological assessment is often significant for slurred speech, difficulty with walking, hyporeflexic deep tendon reflexes and unsteady gait. The primary care doctor may refer the patient for a neurological consultation which may indicate tingling progression, weakness and unbalance following influenza vaccination (or other types of vaccines). The accepted timeline to prove that the vaccinations caused GBS is approximately 2-6 weeks following injection, although it is not unheard of to contract GBS earlier or later than this time frame. For example, Michael Baseluos has obtained compensation for GBS following only 1 week after vaccination and as high as 8 weeks after vaccination. The Court of Federal Claims which oversees vaccine claims generally has not found causation in cases where the person immediately developed GBS 24-48 hours after vaccination or more than 2 months after vaccination. That being said, each case is different and you should not assume you are not entitled to compensation. Immediately contact a <a href="/practice-areas/personal-injury/pharmaceutical-drug-medical-device-injuries/vaccine-injuries/">GBS vaccine injury </a> attorney to assess your rights.</p>



<p>Nerve conduction studies are an excellent way to gauge damages from GBS injuries in order to maximize a damage award with the <a href="https://www.hrsa.gov/vaccinecompensation/" target="_blank" rel="noopener noreferrer">National Vaccine Injury Compensation Program</a>. EMG studies can demonstrate demyelination or amplitude drop that suggest variations on GBS including a more severe form of acute inflammatory demyelinating polyneuropathy (AIDP). Abnormal electrodiagnostic studies are an excellent tool used by Baseluos Law Firm for Guillain Barre Clients.</p>
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                <title><![CDATA[Association between Flu Shot / Influenza Vaccine and Guillain Barre Syndrome (GBS)]]></title>
                <link>https://www.sanantonioinjuryaccidentlawyer.com/blog/association_between_flu_shot_i_1/</link>
                <guid isPermaLink="true">https://www.sanantonioinjuryaccidentlawyer.com/blog/association_between_flu_shot_i_1/</guid>
                <dc:creator><![CDATA[Baseluos Law Firm]]></dc:creator>
                <pubDate>Fri, 24 Jun 2011 21:59:23 GMT</pubDate>
                
                    <category><![CDATA[Vaccine Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>The most common vaccine shot associated with the development of Guillain Barre Syndrome (GBS) is the influenza flu shot. Most people receive the influenza vaccination to reduce the risks associated with the flu. New influenza vaccines are formulated every year due to ever changing influenza viruses. Since 1979, the vaccines are trivalent, using strains of&hellip;</p>
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                <content:encoded><![CDATA[
<p>The most common vaccine shot associated with the development of Guillain Barre Syndrome (GBS) is the influenza flu shot. Most people receive the influenza vaccination to reduce the risks associated with the flu. New influenza vaccines are formulated every year due to ever changing influenza viruses. Since 1979, the vaccines are trivalent, using strains of influenza A (H1N1), influenza A (H3N2), and influenza B viruses. The first known association between <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1373907.html">GBS and the flu shot</a> became apparent during a mass vaccination program in the United States with a swine influenza vaccine in 1976-1977. It should be noted that in 1976, an influenza outbreak occurred in Fort Dix NJ. The outbreak was traced to swine-type influenza A (H1N1). In reaction to the outbreak and the danger from an epidemic from swine influenza, the United States Department of Health and Human Services instituted a mass vaccination of the US population. Approximately fifty (50) million adults were vaccinated during the short three (3) month interval from October – December 1976. Of the mass numbers vaccinated, there were over five hundred (500) cases of Guillain Barre Syndrome including thirty (30) deaths. A study of the incidence of GBS discovered that there was an elevated risk of Guillain Barre Syndrome within six to eight (6-8) weeks of vaccination. Following the elevated GBS risk, the government ordered the cessation of the swine flu vaccination program in early 1977. A GBS flu shot injury attorney will refer to the swine flu incident as the strongest evidence of a causation link.</p>


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<figure class="alignright"><img decoding="async" src="/static/2014/12/818504_intramuscular_injection_1.jpg" alt="818504_intramuscular_injection_1.jpg"/></figure></div>


<p>Other studies have confirmed a causal relationship between the 1976 swine influenza vaccine and GBS onset in the adult population. According to the <a href="http://vaers.hhs.gov/index">Vaccine Adverse Events Reporting System (VAERS)</a>, there was an increase in GBS reports in 1992-1993 and 1993-1994 associated with the influenza vaccine, with data suggesting an increased risk within six (6) weeks following influenza vaccination. VAERS is a system employed by the United States for rapid reporting of adverse events following vaccination. The <a href="http://www.uscfc.uscourts.gov/">US Federal Court of Claims</a> often inquires as to whether a VAERS report was filed following an adverse reaction to a vaccination. </p>



<p>An evaluation of trends of reports to VAERS of Guillain Barre Syndrome following the flu shot in adults reflected that there was a possible causal association between GBS and influenza vaccine. There was an average of onset of GBS about two (2) weeks after the vaccination and few cases of preexisting illnesses that could possibly explain the onset. A Guillain Barre vaccination injury lawyer will emphasize the timing of the onset of peak symptoms. Between 1990 through 2005, there were over one thousand (1000) cases of GBS reported after vaccination. In the majority of cases, symptoms appeared within six (6) weeks of vaccination. GBS cases were most prevalent following the influenza vaccine followed by the Hepatitis B vaccine. </p>



<p>For adults, there was a greater incidence of Guillain Barre under 65. The peak GBS symptoms appeared within two (2) weeks post vaccination. There appears to be a bell curve with greatest number of incidents reaching a peak at two (2) weeks with declining numbers approaching the six (6) week mark post vaccination. Over eight hundred (800) cases of GBS were reported in the US between 1990 through 2009 following the flu shot of which about half were men. more The vaccine compensation court deals with vaccine claims of which the majority have been GBS cases following the flu shot. For the most part, provided no preexisting upper reparatory or gastrointestinal illness, many individuals who were otherwise healthy before the flu shot will expect to receive some compensation for their GBS. </p>



<p>A neurologist will generally provide an expert report on the link between influenza and the flu shot. The special master in charge, who generally makes decisions as to causation and damages, will look at the expert report . The expert report will lay out a medical theory of causation between GBS and the flu vaccine. Molecular mimicry is often cited as a plausible medical theory. Next, the expert must explain why in the particular case, the medical theory is applicable. Finally, the expert comments on the timing of onset of GBS symptoms and how the specific case is applicable. It is helpful to show that the patient reached a peak of symptoms at the 2 weeks mark post vaccination in accordance with the VAERS data. If you have incurred GBS following influenza or hepatitis vaccination, immediately contact a <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1598948.html">GBS injury attorney</a> , who can handle cases nationwide and is qualified to files cases in the Court of Claims.</p>
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                <title><![CDATA[Guillain Barre Syndrome (GBS) and its link to the Flu Shot / Vaccination]]></title>
                <link>https://www.sanantonioinjuryaccidentlawyer.com/blog/gbs_and_its_link_to_the_flu_sh/</link>
                <guid isPermaLink="true">https://www.sanantonioinjuryaccidentlawyer.com/blog/gbs_and_its_link_to_the_flu_sh/</guid>
                <dc:creator><![CDATA[Baseluos Law Firm]]></dc:creator>
                <pubDate>Wed, 01 Jun 2011 20:54:41 GMT</pubDate>
                
                    <category><![CDATA[Vaccine Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Guillain Barre Syndrome (GBS) is a clinical neuromuscular syndrome that can cause paralysis (temporarily and sometimes permanently) in individuals who receive the influenza / flu vaccination. Generally, GBS is characterized by weakness and numbness. Some individuals complain of a tingling sensation in the legs and arms with minor to major loss of movement in the&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Guillain Barre Syndrome (GBS) is a clinical neuromuscular syndrome that can cause paralysis (temporarily and sometimes permanently) in individuals who receive the influenza / flu vaccination. Generally, GBS is characterized by weakness and numbness. Some individuals complain of a tingling sensation in the legs and arms with minor to major loss of movement in the legs, arms, upper body, and face. Some people will show a contortion of the face from GBS similar to the physical drooping from a stroke. GBS usually starts as a ascending paralysis characterized by weakness in the legs, moving its way up to the upper limbs and face with a loss of deep tendon reflexes. For the most part, Guillain Barre Syndrome is triggered by an upper respiratory or gastrointestinal infection although the etiology (cause) of GBS is not exactly known. It can be a potentially deadly disorder and affects up to 2 people per 100,000. Unfortunately GBS has no known cure although several treatments can alleviate symptoms and lower the length of the disorder. For the most part, people recover fully from severe cases of GBS.</p>


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<figure class="alignright"><img decoding="async" src="/static/2014/12/1210339_injection_needle.jpg" alt="1210339_injection_needle.jpg"/></figure></div>


<p>There is great debate in the vaccine community about the link between the flu vaccination and Guillain Barre Syndrome. The Vaccine Court for the most part has accepted the theory that the influenza vaccination can replace upper respiratory or gastrointestinal infection as the triggering factor for GBS and the Miller Fischer variant of GBS. When filing a vaccine compensation claim, a <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1598948.html">GBS flu vaccine attorney</a> will investigate the presence of any antecedent upper respiratory or gastrointestinal infection within six (6) weeks prior to symptom onset. Most individuals do report experiencing some form of infectious illness prior to developing Guillain Barre Syndrome. Almost 70% of GBS cases are associated with some prior acute infection by various bacterial viruses. In a flu GBS case, the influenza vaccine activates the immune system against components of the nervous system similar to activation by viral or bacterial infection in non-vaccinated GBS cases. Many experts believe that the most common mechanism for development of Guillain Barre Syndrome is molecular mimicry in which the body produces cross-reactive immune responses. </p>



<p>There are certain variations of GBS, the most prominent of which is known as the Miller Fisher variant. Patients with the Miller Fisher syndrome typically project symptoms of ataxia (gross lack of coordination of muscle movements), ascending numbness, and facial palsy and these symptoms can very well occur after taking the flu vaccine. A <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1598948.html">Guillain Barre injury lawyer</a> will look at the possibility of any infections prior to the onset of Miller Fisher syndrome. Many GBS patients will develop a disabling chronic fatigue syndrome and sensitivity to heat that may become permanent. </p>



<p>The disabling fatigue can be particularly troublesome by interfering with activities of daily living and occupational duties. A vaccine compensation lawyer can make the argument that a person whose occupation is impaired by the fatigue syndrome deserves economic damages in addition to pain and suffering. Sometimes in filing a <a href="http://www.hrsa.gov/vaccinecompensation/">vaccine compensation claim </a>, the government attorneys will try to challenge a Miller Fisher claim, claiming that there are differences between Miller Fischer and general GBS. An expert neurologist will be able to dispel this argument by showing there is no fundamental difference between the pathogenesis (development of the disease) of Guillain Barre Syndrome and the Miller Fisher variant. </p>



<p>Both disorders share similar patterns of evolution, recovery, and symptom characteristics. In our next blog entry, we will discuss more in detail how the influenza vaccination causes Guillain Barre Syndrome. If you suspect your GBS is linked to the flu shot, contact a flu shot vaccine injury attorney as soon as possible. There is no need to go a local attorney because a <a href="/">GBS flu injury firm </a>can handle cases nationwide.</p>
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                <title><![CDATA[Principles of Vaccine Injury Compensation]]></title>
                <link>https://www.sanantonioinjuryaccidentlawyer.com/blog/principles_of_vaccine_injury_c/</link>
                <guid isPermaLink="true">https://www.sanantonioinjuryaccidentlawyer.com/blog/principles_of_vaccine_injury_c/</guid>
                <dc:creator><![CDATA[Baseluos Law Firm]]></dc:creator>
                <pubDate>Sat, 07 May 2011 20:57:14 GMT</pubDate>
                
                    <category><![CDATA[Vaccine Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>If you believe you have been injured by a vaccine, it is imperative that you contact a vaccine lawsuit attorney . There is a three (3) year statute of limitations on vaccine compensation claims. When a person’s vaccine injury is listed in the vaccine injury table and the injury occurred within the time provided in&hellip;</p>
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                <content:encoded><![CDATA[
<p>If you believe you have been injured by a vaccine, it is imperative that you contact a <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1598948.html">vaccine lawsuit attorney </a>. There is a three (3) year statute of limitations on vaccine compensation claims. When a person’s vaccine injury is listed in the <a href="http://www.hrsa.gov/vaccinecompensation/table.htm">vaccine injury table </a>and the injury occurred within the time provided in the table, then causation (the link between the vaccine and the injury) is presumed. A person may still receive compensation when the injury is not listed in the vaccine injury table, but the petitioner must show that their condition was caused by the vaccine (known as the preponderance of the evidence standard). A vaccine injury lawyer employs several methods to demonstrate causation by a preponderance of the evidence. First, the attorney may show via experts and scientific research that it is medically plausible for the vaccine to have caused the injury. For example, in cases of GBS flu injury, a common scientific theory used by neurologists is molecular mimicry. Second, it is helpful that there is peer-reviewed medical literature supporting an association between the vaccine and alleged disability. The <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1598948.html">vaccine lawyer</a> may also demonstrate that the petitioner’s injury is medically accepted as a reaction to the vaccine and that the injury took place within a medically accepted window of time after the vaccine to reflect causation.</p>


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<figure class="alignright"><img decoding="async" src="/static/2014/12/818506_intramuscular_injection_3.jpg" alt="818506_intramuscular_injection_3.jpg" /></figure></div>


<p>Finally, a good vaccine injury attorney will also seek to show other potential causes were not present. The most common way of demonstrating alternate causes are not applicable is to demonstrate via prior medical records that the petitioner did not suffer from any preexisting conditions. For example, in GBS flu vaccine injury cases, the lawyer will show via prior medical records that the injured party did not suffer from a preexisting upper respiratory or gastrointestinal infection that could cause GBS. Other key documents in a vaccine injury claim include a affidavit from the injured party regarding timing and severity of symptoms, medical records, diagnoses of treating doctors, and <a href="http://vaers.hhs.gov/index">VAERS (Vaccine Adverse Event Reporting System)</a> data. To successfully obtain compensation, seek professional <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1373907.html">vaccine injury consultation</a> immediately.</p>
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                <title><![CDATA[Vaccine Injury Compensation Program Basics]]></title>
                <link>https://www.sanantonioinjuryaccidentlawyer.com/blog/vaccine_injury_compensation_pr/</link>
                <guid isPermaLink="true">https://www.sanantonioinjuryaccidentlawyer.com/blog/vaccine_injury_compensation_pr/</guid>
                <dc:creator><![CDATA[Baseluos Law Firm]]></dc:creator>
                <pubDate>Sun, 01 May 2011 20:17:21 GMT</pubDate>
                
                    <category><![CDATA[Vaccine Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
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<p>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 <a href="http://www.hrsa.gov/vaccinecompensation/">National Vaccine Injury Compensation Program</a> 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 <a href="http://www.uscfc.uscourts.gov/">Court of Federal Claims</a> 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.</p>


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<p>Many petitioners often find it difficult to get their treating providers to write an affidavit of causation linking the illness to the vaccine. Some treating providers do not feel qualified enough to make the connection, or they may have ties to the pharmaceutical industry, or they are leery of potential malpractice issues (although such fears are often unwarranted). In such cases, a <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1598948.html">vaccine injury attorney </a>can draw on various experts including board certified neurologists, who can review the records and draft strong expert reports in favor of the petitioner. The special master also reviews the results of evaluative tests such as CAT scans and MRIs , especially as they regard abnormal effects of the vaccine on brain activity. It is important to note that such evaluations are not binding on the special master, but they are parts of the overall calculation. When relying on the <a href="http://www.hrsa.gov/vaccinecompensation/table.htm">Vaccine Injury Table </a>, and whether the symptoms of injury occurred within the time period prescribed by the table, the special master carefully reviews the medical records to determine if whether the symptoms manifested themselves during the time period after the vaccine. A <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1598948.html">vaccine injury lawyer</a> must demonstrate the petitioner did not exhibit symptoms of disability or conditions prior to administration of the vaccine. Documentation of medical injury and short-term and long-term pain and suffering and economic damages are keys to a successful <a href="https://www.sanantonioinjuryaccidentlawyer.com/lawyer-attorney-1373907.html">vaccine lawsuit </a>.</p>
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