How to File a Lawsuit for Your Injuries

By leahdurantlaw on September 30, 2015 • ( 0 )

If what seemed like a small needle stick has turned into months of persistent pain, limited range of motion, severe inflammation, frozen shoulder, or more, you may be experiencing a shoulder injury related to vaccine administration (or SIRVA). SIRVA is caused by administration of the vaccine, and not the contents of the vaccine itself. Victims of SIRVA may be eligible for compensation for pain and suffering, as well as loss of work. An experienced vaccine injury attorney can help you file a lawsuit for your vaccine shoulder injury.

At the Law Offices of Leah V. Durant, we advocate for people who have been injured by vaccines and we specialize in shoulder injuries, among other vaccine injuries. Our office helps vaccine injured clients navigate the National Vaccine Injury Compensation Program (NVICP) and pursue compensation for injuries with no upfront cost to them.

How SIRVA Happens

Most vaccines are administered into the deltoid muscle with a hypodermic needle. Occasionally, improper administration of a vaccine into the joint capsule or nerve bundle causes severe, debilitating pain. Brachial Neuritis and adhesive capsulitis (frozen shoulder) have been attributed to SIRVA. SIRVA is not a diagnosis, but rather a category of injuries and a broad term that encapsulates a wide range of shoulder and arm injuries attributed to administration of a vaccine.

Filing a Claim With the NVICP

The first step to filing a lawsuit for your vaccine injury is consulting a vaccine attorney. It is highly recommended that you retain a seasoned vaccine attorney, capable of assisting you in filing your vaccine claim. While you don’t need an attorney to navigate the process, many people find it easier than navigating this complicated legal process alone.

Once eligibility is established, your vaccine injury attorney will file a claim on your behalf before the United States Court of Federal Claims, the court responsible for adjudicating vaccine cases.

The defendant (or respondent) in vaccine cases is the Department of Health and Human Services. The agency is represented by an attorney from the Department of Justice who specializes in vaccine cases. All SIRVA and other vaccine injury cases are presided over by the Office of Special Masters. Every vaccine injury claim is assigned a Special Master, who will decide the outcome.

Getting Legal Help

At the Law Offices of Leah V. Durant, we handle SIRVA claims for people of all ages and file both first-party claims and claims for those representing estates.

If you believe you have a shoulder injury related to vaccine administration (SIRVA), contact the vaccine injury lawyer at the Law Offices of Leah V. Durant today to learn if compensation may be available for you.