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Injured Due to the COVID- 19 Shot – Darren Sipes, Attorney Explains

Darren Sipes

Darren Sipes Lawyer

Public Service Announcement from Darren Sipes, Attorney: Now that the COVID vaccines are coming and people are getting the flu vaccine, it’s important to know your rights should you suffer a vaccine-related injury. If you are injured from any type of vaccine, including flu, tetanus and COVID vaccines, you must first seek compensation through the federal Vaccine Injury Compensation Program (VICP). If you try to file a lawsuit in any civil court before going through the VICP, federal law requires the civil court to dismiss your lawsuit. The VICP is a no-fault system, meaning you don’t have to prove who was at fault for your injury, you just have to prove that a vaccine caused your injury.To qualify, you must have at least $1,000 in damages and injury must last more than six months after the vaccine was administered.If successful, you can get past and future medical expenses, $250,000 for the estate of a deceased person if the vaccine causes a death; lost wages and impairment to loss of earnings; and up to $250,000 for pain and suffering; and your reasonable attorneys fees. Punitive damages are not allowed, which is very disappointing!!!!!Important: you are not bound by the VICP award. If you receive an award under the VICP, you can accept it or reject it. If rejected, you can then file a lawsuit directly against the responsible party. Lawsuits against the vaccine manufacturers are difficult, lengthy and expensive. Lawsuits against the provider that gives you the vaccine could be the better option. There are a number of lawsuits pending and being pursued for NEGLIGENT ADMINISTRATION OF VACCINES (for example, how the needle was inserted and where the needle was inserted). Scientific research established that certain vaccines, including Tetanus and Flu, if improperly administered in the shoulder region can cause significant injuries commonly known as SHOULDER INJURY RELATED TO VACCINE ADMINISTRATION. Since punitive damages are not allowed under VICP, you and your lawyer may be convinced to just file a medical negligence lawsuit against the provider because punitive damages are allowed in those negligence lawsuits. ADVICE FROM DARREN SIPES: USE THE VIDEO CAMERA ON YOUR CELL PHONE TO VIDEOTAPE THE VACCINE SHOT BEING PUT IN YOUR ARM. Providers have a duty to provide you a copy “of the information” developed by the manufacturers and other relevant individuals concerning the vaccine and “supplemented with visual presentations or oral explanations, in appropriate cases.” Failure to do so, with a resultant injury, may provide you with a claim against the provider for a standard lack of informed consent or failure to warn claim.Obviously, you should obtain the services of an attorney should you choose to proceed with obtaining damages for vaccine-related damages.

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