Vaccine injury guide
Encephalopathy and Encephalitis
Encephalopathy is a significant disturbance of brain function; encephalitis is inflammation of the brain itself. In the vaccine court they are defined narrowly — a significantly decreased level of consciousness lasting at least 24 hours that leads to lasting change — so the medical record must be precise.
Signs to look for
- A dramatically decreased level of consciousness lasting a day or more
- Confusion, delirium, or psychosis not caused by medication
- Seizures with loss of consciousness
- Lasting cognitive, behavioral, or neurological change afterward
Which vaccines
On the Table for pertussis-containing vaccines (DTaP, DTP) and measles/mumps/rubella-containing vaccines (MMR, MMRV).
- pertussis antigens
- measles, mumps, and rubella virus
Is it on the Table?
Yes: within 72 hours for pertussis-containing vaccines; 5 to 15 days for MMR-containing vaccines. The regulation lists specific exclusions (for example, encephalopathy explained by an infection or metabolic cause).
The deadline
Three years from the first symptom. For a child, the parents file on the child's behalf.
Think this is you?
Describe your symptoms and the date of the shot. An attorney who handles these cases will tell you whether it is worth filing — at no cost to you, because the program pays the fee.