VICP Eligibility: Does Your Vaccine Shoulder Injury Qualify for Compensation?

By leahdurantlaw on June 3, 2019 • ( 0 )

As awareness of the risk of shoulder injuries related to vaccine administration (SIRVA) grows, more people are seeking treatment and compensation for SIRVA. Recent data show that nearly half of all claims filed under the National Vaccine Injury Compensation Program (VICP) involve SIRVA, including adhesive capsulitis, brachial neuritis, shoulder bursitis and tendonitis.

For individuals diagnosed with vaccine-related shoulder injuries, securing compensation through the VICP is an important part of the recovery process. All forms of SIRVA require medical treatment and can potentially have lasting effects, and securing the financial resources needed for recovery can be essential to avoiding unnecessary consequences.

Seeking Financial Compensation for SIRVA Under the VICP

So, if you have been diagnosed with a form of SIRVA, does your injury qualify for compensation under the National Vaccine Injury Compensation Program? The VICP’s basic eligibility criteria for SIRVA are:

1. Receipt of an Eligible Vaccine

The vaccine you received must be covered under the National Vaccine Injury Compensation Program. The VICP covers all vaccines recommended by the Centers for Disease Control and Prevention (CDC) as part of the routine vaccination schedule for children and adults, including:

Hepatitis A
Hepatitis B
Hib
HPV
IPV
DTaP, DTP, DT, Td and TT
DTP, DTaP, P and DTP-Hib
Meningococcal
MMR, MM and MMRV
Pneumococcal conjugate
Seasonal influenza (flu shot)
Varicella

2. Symptoms that Onset Within 48 Hours

For SIRVA, the “[t]ime period for first symptom or manifestation of onset” is 48 hours or less. This means that you must have begun to experience symptoms of your shoulder injury within 48 hours of your vaccination. Since the pain from SIRVA typically onsets immediately, most individuals diagnosed with SIRVA will meet this requirement.

3. Shoulder Injury Lasting Six Months or Longer

In order to be eligible for compensation under the VICP, your injury must last for six months or longer or require inpatient hospitalization or surgical treatment. If your injury meets this six-month requirement, you will be entitled to compensation for all past and future medical expenses, loss of income, and pain and suffering resulting from your vaccine shoulder injury.

4. Shoulder Injury Requiring Inpatient Hospitalization or Surgical Treatment

If your shoulder injury requires inpatient hospitalization or surgical treatment, then the six-month durational requirement does not apply. Many forms of SIRVA require surgery in order to repair the damage caused by the vaccination error.

5. Less than Three Years Since Vaccination

All non-fatal VICP claims are subject to a three-year statute of limitations. In order to preserve your eligibility, you must file a petition within three years of the date of the first onset of the symptoms of your vaccine shoulder injury.

Request an Appointment with National Vaccine Attorney Leah V. Durant

While you have the option to file your VICP petition on your own, under the terms of the VICP, you can hire an attorney at little or no out-of-pocket cost to you. To learn more about your legal rights in a free and confidential consultation, please call 202-800-1711 or request an appointment online today.

Leah Durant Bio

Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.