“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S lawyer talk, and no double talk- just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley
My Best Advice
When it comes to your Defense Base Act Case, nothing is more crucial then you telling the truth. Do not leave anything out. Good facts, bad facts, every case has them. And if the Judge believes you are over exaggerating the case, they will throw it out of the court. Trust me, I have seen it happen to good hard working folks all the time.
So always, no matter what it is about, tell the truth.
My Second Best Advice
There are many steps you must take in order to help win your Defense Base Act Case. I go over each and every step to help you succeed in winning your DBA claim in my free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To the Medical Treatment and Money You and Your Family Deserve.
Defense Base Act, Vaccine Act and Guillain-Barre Syndrome
If you contract Guillain-Barre Syndrome and you are a civilian contractor, you might wonder whether you have a case under the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”). This is a reoccurring issue in our office. Thus, I thought it would a good topic for a post.
The Vaccine Act allows recovery for pain and suffering, while the Defense Base Act does not. And the Vaccine Act allows full wage loss and the DBA only allows limited wage loss. Thus, there is a huge difference between the amount of money that can be recovered under the Vaccine Act and the DBA.
What is Guillain-Barre syndrome?
Guillain-Barre syndrome is a serious disorder that occurs when the body's defense (immune) system mistakenly attacks part of the nervous system. This leads to nerve inflammation that causes muscle weakness and other symptoms.
Vaccine shots in Afghanistan
In a recent case a civilian contractor developed Guillain-Barre Syndrome after they had received a flu vaccine. In this case the civilian contractor worked for Fluor in Afghanistan as a site manager.
He received influenza vaccine, and his second vaccinations of MMR and varicella. The flu vaccine was a requirement by DOD and was distributed at a Fluor clinic at Bagram Airfield, The immunizations were provided at Fluor’s expense
He began to experience weakness and numbness in his extremities and was diagnosed in the Philippines of having Guillain-Barre Syndrome.
Not entitled to Vaccine Act compensation
The court determine that the civilian contractor was not entitled to Vaccine Act compensation for several reasons:
First, because he did not return to the United States within 6 months of receiving the vaccine unless they are a member of the Armed Forces or a federal employee. In this case, he went to the Philippines. Second, he is not a member of the Armed Forces or a federal employee, and the Vaccine Act does not broadly interpret “employee” to include civilian contractors.
Thus, the Vaccine Act claim was denied.
Defense Base Act compensation
However, the Claimant has a strong Defense Base Act case - with a much lesser amount that can be recovered.