Frozen shoulder, formally known as adhesive capsulitis, can have a variety of causes. Most of these causes relate to inflammation of the tissue surrounding the shoulder joint, which is known as the capsule. In a small percentage of cases, inflammation of the capsule may be due to an error during vaccine administration. As a result, frozen shoulder can be a vaccine injury in some cases. Learn more from an experienced vaccine injury attorney at Law Offices of Leah V. Durant & Associates:
Frozen Shoulder Can Be a Type of Shoulder Injury Related to Vaccine Administration (SIRVA)
When frozen shoulder results from an error during the vaccine administration process, it is classified as a shoulder injury related to vaccine administration (SIRVA). There are several types of SIRVA, all of which are related to physical trauma caused by errors such as using a wrong-size needle or inserting the needle too high or too low on the arm.
Since SIRVA results from errors during vaccine administration (as opposed to adverse reactions to specific vaccine ingredients), they are among the most common types of vaccine injuries. With that said, they are still extremely rare—occurring in just a fraction of a percent of all immunizations. Frozen shoulder cases account for a portion of this small percentage.
Additionally, given that SIRVA results from errors during vaccine administration, they are a risk with all vaccines administered via shoulder injection. This applies to all types of SIRVA, including frozen shoulder.
Identifying the Signs of Frozen Shoulder Following an Immunization
When dealing with any type of medical condition, obtaining an accurate diagnosis is a critical first step toward obtaining necessary treatment. Since vaccination errors can cause multiple types of SIRVA, it is essential to ensure that one receives an accurate diagnosis of frozen shoulder. As identified by Johns Hopkins Medicine, the Mayo Clinic and other sources, the typical early signs of frozen shoulder are:
- Limited mobility in the shoulder joint; and,
- Pain in the shoulder joint that worsens with movement.
The Mayo Clinic notes that most patients diagnosed with frozen shoulder will experience three stages of symptoms. It refers to these as “freezing,” “frozen,” and “thawing”:
- Symptoms During the “Freezing” Stage – The “freezing” stage can last from two to nine months. During this stage, “[a]ny movement of the shoulder causes pain, and the shoulder’s ability to move becomes limited.”
- Symptoms During the “Frozen” Stage – The “frozen” stage can last from four to twelve months. During this stage, pain might lessen. “However, the shoulder becomes stiffer . . . [and u]sing it becomes more difficult.
- Symptoms During the “Thawing” Stage – The “thawing” stage can last from five to twenty-four months. During this stage, mobility gradually begins to improve until the patient regains full use of the shoulder.
The Mayo Clinic also notes that some individuals diagnosed with frozen shoulder will experience pain that worsens at night—and this can potentially make sleeping difficult. While conducting a physical exam is typically the first step in the diagnostic process, Johns Hopkins Medicine notes that physicians may order X-rays and other tests to rule out other potential diagnoses.
Linking Frozen Shoulder to a Vaccination (Identifying Frozen Shoulder as a Vaccine Injury)
For individuals and families who are coping with the effects of frozen shoulder, linking their (or their loved one’s) diagnosis to a vaccination can have important implications for their legal rights. When frozen shoulder results from an error during vaccine administration, this can provide grounds to pursue a claim for financial compensation under the National Vaccine Injury Compensation Program (VICP).
The vaccines covered under the VICP are listed on the Vaccine Injury Table. The Vaccine Injury Table also lists medical conditions that have been linked to each of the vaccines covered under the program—and these are referred to as “on table” injuries.
SIRVA is an “on table” injury for all of the vaccines covered under the VICP.
This designation is significant. When a vaccine recipient is diagnosed with an “on table” injury within the timeframe specified on the Vaccine Injury Table, a link between the recipient’s immunization and the recipient’s diagnosis is presumed. This means that if a vaccine recipient experiences symptoms of frozen shoulder (or any other form of SIRVA) within 48 hours of receiving an immunization, the law presumes that the recipient’s vaccination and diagnosis are related.
While there are still several steps involved in filing a VICP claim, this eliminates the need to prove causation—which would otherwise be one of the more challenging aspects of filing a successful claim.
Filing a Vaccine Injury Claim for Frozen Shoulder
When causation is presumed, establishing eligibility for compensation under the VICP involves proving: (i) the date of immunization; (ii) the date of the first onset of symptoms; and (iii) the vaccine recipient’s diagnosis. As a result, the vaccine recipient’s medical records are key evidence—and gathering these records is among the first steps in the process of filing a claim.
But filing a successful VICP claim requires several other forms of evidence as well. Claimants must also file their claims (or “petitions”) correctly, and they must be prepared to shepherd their claims through the legal process. Even though the VICP provides compensation for eligible vaccine-related medical conditions without requiring evidence of fault, government attorneys still scrutinize all claims—and they dispute claims in the Vaccine Court when warranted.
This is among several reasons why it is important for VICP claimants to have experienced legal representation. Under the terms of the VICP, claimants’ legal fees and compensation awards are handled (and paid) separately. As a result, hiring an experienced vaccine injury attorney to file a VICP claim costs nothing regardless of whether the claim is successful.
Talk to a Vaccine Injury Attorney About Filing a VICP Claim for Frozen Shoulder
At Law Offices of Leah V. Durant & Associates, we provide experienced legal representation for VICP claims nationwide. If you would like to speak with a vaccine injury attorney about filing a VICP claim for frozen shoulder, please call 202-775-9200 or request a free consultation online today.
Categories: Frozen Shoulder
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