Among all of the various types of vaccine injury claims the firm handles, shoulder injuries related to vaccine administration (SIRVA) are easily the most common. With that said, SIRVA is still uncommon overall, and only an extremely small percentage of immunizations result in any type of serious illness or injury.
Similar to other types of vaccine-related illnesses and injuries, individuals who have been diagnosed with SIRVA may be entitled to financial compensation under the National Vaccine Injury Compensation Program (VICP). Experienced SIRVA lawyer Leah V. Durant explains:
Why SIRVA Account for a Significant Portion of All VICP Claims
Before discussing what it takes to prove a claim for SIRVA under the VICP, it is important to understand why these claims are so common, comparatively speaking. There are two primary reasons why there are significantly more SIRVA claims than all other types of vaccine injury claims combined:
- SIRVA Claims Involve Vaccination Errors Rather Than Issues with Vaccines Themselves – While adverse reactions to vaccines do happen, they are extremely uncommon. However, as their name suggests, shoulder injuries related to vaccine administration result not from adverse reactions, but instead from errors during the immunization process.
- SIRVA Claims Can Involve All Vaccines Covered Under the VICP – While many types of vaccine-related medical conditions are linked to specific CDC-recommended immunizations, shoulder injuries related to vaccine administration are a concern with all vaccines administered via shoulder injection. Individuals who have been diagnosed with SIRVA after receiving any vaccine listed on the Vaccine Injury Table may be eligible to file a VICP claim.
Again, it is important to put the scope of the SIRVA problem in context. While data suggest that SIRVA is significantly more common than other types of vaccine-related injuries and illnesses, they are still rare overall. Most people who receive CDC-recommended immunizations experience no adverse consequences whatsoever. But, SIRVA is enough of a concern that it is important for vaccine recipients and parents to be aware of the symptoms—and anyone who experiences symptoms of SIRVA should be sure to tell their doctor that they specifically have concerns about a vaccine-related shoulder injury.
Proving that a Shoulder Injury is “Related to Vaccine Administration”
If someone experiences a shoulder injury related to vaccine administration, how do they prove it so that they can seek financial compensation under the VICP?
SIRVA is listed on the Vaccine Injury Table as a risk associated with all vaccines covered under the National Vaccine Injury Compensation Program. Since SIRVA is an “on table” injury for all of these vaccines, this means that claimants do not need proof of causation in order to file a claim.
Instead, if claimants have documentation that their (or their loved one’s) symptoms onset within 48 hours of vaccination, this is enough to establish eligibility to file a VICP claim. This is one of the reasons why it is important to see a doctor promptly. If a claimant’s medical records document a temporal link between immunization and diagnosis, the claimant’s SIRVA lawyer should be able to use this to seek financial compensation on their behalf—provided that they take action in time.
Under the terms of the VICP, vaccine recipients and their family members generally have three years from the onset of symptoms to file a claim. As a result, anyone who is reading this shortly after receiving an immunization or a SIRVA diagnosis should still have time to file a claim. To take action, potential VICP claimants should:
- Locate their (or their loved one’s) vaccination record;
- Collect their (or their loved one’s) medical records documenting the SIRVA diagnosis; and,
- Schedule a free consultation with a SIRVA lawyer promptly.
If a potential VICP claimant doesn’t have any of these records, that’s okay for now. Their lawyer will be able to assist with tracking them down. The most important thing is that potential VICP claimants speak with a SIRVA lawyer promptly, as this will help ensure that they are able to preserve every available opportunity to seek the compensation they deserve.
Are Vaccine Recipients Required to Hire a SIRVA Lawyer to File a VICP Claim?
If VICP claimants don’t need to be able to prove that their (or their loved one’s) shoulder injury was caused by a vaccine, do they really need a SIRVA lawyer to file a VICP claim?
Technically, the answer is, “No.” Vaccine recipients and their family members are not required to hire a lawyer to file a VICP claim. However, most people hire a lawyer, and, since hiring a lawyer costs nothing, there is no reason not to seek representation from an experienced SIRVA lawyer.
Additionally, while hiring a lawyer isn’t required, there are still several important ways an experienced SIRVA lawyer can help claimants. These include (but are not limited to):
- Calculating the compensation claimants are entitled to receive for their (or their loved one’s) present and future medical bills, other out-of-pocket costs, and lost earnings;
- Calculating the compensation claimants are entitled to receive for their (or their loved one’s) pain and suffering;
- Preparing claimants’ VICP petitions in accordance with all applicable requirements and filing claimants’ VICP petitions with the Vaccine Court;
- Negotiating with the government’s lawyers to attempt to secure a pre-hearing settlement that provides fair compensation for the financial and non-financial costs of their (or their loved one’s) SIRVA diagnosis; and,
- Representing claimants before the Vaccine Court if they do not receive a satisfactory settlement offer before their hearing date arrives.
Hiring a SIRVA lawyer starts with scheduling a free, no-obligation consultation. Our lawyers represent vaccine recipients and families nationwide, and we have helped numerous individuals and families obtain VICP compensation awards for SIRVA.
Do You Have a VICP Claim? Find Out from an Experienced SIRVA Lawyer for Free
If you need to know more about seeking financial compensation for a shoulder injury related to vaccine administration (SIRVA), we invite you to get in touch. To speak with an experienced SIRVA lawyer about your legal rights in confidence, give us a call at 202-775-9200 or request a free consultation online today.
Categories: Shoulder Injury Related to Vaccine Administration or SIRVA
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