Getting SIRVA Compensation with a Vaccine Injury Lawyer
You went in for a routine vaccine, expecting a quick pinch and nothing more. But now your shoulder aches all the time. Even simple movements can be painful. This ongoing pain could be a recognized vaccine injury called SIRVA.
At Ethen Ostroff Law, we know what it’s like to deal with shoulder pain that sticks around. You trusted a routine medical procedure, and now even everyday tasks seem difficult. The law provides paths to compensation, whether through the National Vaccine Injury Compensation Program (VICP) or a SIRVA personal injury lawsuit.
A vaccine injury lawyer from our team can carefully review your medical records, vaccination history, and treatment details to document how SIRVA has affected your life. We’ll work with you to recover medical bills, therapy costs, and compensation for the ways this injury impacts your daily life. Read on to learn everything you need to know.
Vaccines and Public Health
Vaccines are a bedrock of public health. They stop diseases from spreading, keep people out of the hospital, and save lives. Over the years, vaccines have pushed diseases like measles, polio, and rubella to the brink in many parts of the world.
This protection does more than shield individuals. It keeps our healthcare systems from being overwhelmed and prevents communities from facing avoidable costs. When people are healthy, they miss less work and school. Everyone benefits.
It’s important to know that while vaccines are safe for almost everyone, injuries can happen. One specific issue is SIRVA or shoulder injuries related to vaccine administration. It is not a reaction to the vaccine’s contents. This type of injury is uncommon and can be prevented with proper technique.
What is SIRVA?
SIRVA means shoulder injury related to vaccine administration. This injury happens when a vaccine shot is given incorrectly. The needle might go in too high on the arm or too deep. When this occurs, the needle can damage parts of the shoulder like tendons or the bursa sac instead of the muscle. This leads to pain, swelling, and trouble moving the arm.
Some vaccines, including the flu shot, are often connected to this issue. The VICP recognizes SIRVA. This means people who get this injury might be able to get financial compensation. Knowing about SIRVA is the first step if you think you are affected.
How Common is SIRVA in the United States
SIRVA is considered rare, but it does happen. Exact numbers are hard to pin down, and most cases are linked to vaccines given in the shoulder, like the flu shot. Studies suggest about 1 to 2 cases per million people who get a flu vaccine.
Even though the risk is small, more people are getting vaccinated each year, so the number of SIRVA cases may grow. One study looking at nearly 3 million vaccinated adults found just under 8 extra cases of bursitis per million people. Reports of SIRVA to the VICP also go up year after year.
Vaccines Linked to SIRVA
SIRVA can happen with any vaccine that’s given in the shoulder. That means a lot of routine shots could potentially cause this type of injury if the injection isn’t given correctly. Some of the vaccines most often associated with SIRVA include:
- Flu shots
- Tetanus, diphtheria, and pertussis (DT, DTaP, Td, Tdap)
- Chickenpox (varicella) vaccines
- Hepatitis A and B vaccines
- HPV vaccines
- Measles, mumps, and rubella (MMR) vaccines
- Haemophilus influenzae type b (Hib) vaccines
- Meningococcal vaccines (MPSV4, MCV4)
- Pneumococcal vaccines
- Rotavirus vaccines
Even though these vaccines are safe for most people, SIRVA shows that injection technique matters. Knowing which shots are linked can help you recognize the cause if you start having shoulder pain after a vaccine.
Shoulder Injuries from a Vaccine Given Incorrectly
Sometimes a vaccine is not administered properly. When this happens, it can injure the shoulder. Common injuries linked to this issue include:
- Frozen shoulder, which causes stiffness and severely limits movement
- Nerve inflammation, which leads to pain, weakness, or numbness in the arm
- Bursitis, which involves swelling and pain in the joint’s fluid-filled sac
- Impingement, which occurs when tendons get pinched during arm movement
- Rotator cuff tears, which make lifting or rotating the arm painful
- Tendinitis, which causes inflammation and pain when moving the shoulder
These injuries can make daily life hard. Simple things like reaching for something or getting dressed become difficult. If your shoulder hurts and won’t move right after a shot, you need to see a doctor.
Symptoms of SIRVA
Symptoms of SIRVA start soon after receiving a vaccine, usually within 48 hours. They can be mild or more serious and may last for a while. Common signs include:
- Sudden, intense pain that may feel sharp or throbbing
- A tight feeling that makes it hard to move the shoulder normally
- Trouble raising your arm or reaching overhead
- Discomfort that gets worse when you use your shoulder
- Redness, warmth, or visible swelling around the joint
- Soreness when touching or pressing on the shoulder
- Less strength in the shoulder or upper arm
- Pain that gets worse at night and disrupts sleep
It’s important to see a doctor if your shoulder hurts or does not move normally after a shot.
Legal Side of SIRVA
SIRVA can have real legal consequences if you get hurt. Here’s what to know:
- Healthcare responsibility
Doctors and nurses are expected to give shots correctly. You may be able to seek compensation if a mistake leads to SIRVA.
- Vaccine manufacturers
In rare cases, the vaccine maker could be held responsible if a defect contributed to the injury.
- VCIP coverage
This program can help cover medical bills, lost wages, and other costs if you have a recognized vaccine injury like SIRVA.
- Time limits
In the U.S., you usually have three years from when symptoms start to file a claim with NVICP, and personal injury lawsuits must be filed within two to four years depending on the state.
Get clear guidance from a vaccine injury lawyer to help you understand your options and figure out the best way to get compensation.
VICP Claim or SIRVA Lawsuit
There are two main ways to seek compensation if you have a vaccine-related injury like SIRVA:
- VICP claim
This is a no-fault option. You file a petition, show proof of your injury, and attend a hearing to see if you qualify for compensation. It is designed to be simpler than a regular lawsuit.
- SIRVA lawsuit
This is a traditional legal case in state or federal court. People usually file a lawsuit if they disagree with a VICP decision or want extra compensation beyond what the program provides.
Which option is right for you depends on the specifics of your injury. Talk to a vaccine injury lawyer at Ethen Ostroff Law who can review your case and figure out the best approach.
The National Vaccine Injury Compensation Program (VICP)
The VICP was established in 1986 to provide financial assistance to people affected by covered childhood vaccines, including SIRVA. Its goals are to ensure a stable vaccine supply, control costs, and offer accessible compensation for vaccine-related injuries.
Administered by the Health Resources & Services Administration (HRSA) and overseen by the Office of Special Masters at the US Court of Federal Claims, VICP simplifies the process of resolving vaccine injury claims. HRSA reviews claims and advises the US Department of Justice, which represents the Secretary of Health and Human Services. The “vaccine court” or the Office of Special Masters decides on compensation eligibility. HRSA and the vaccine court work together to ensure fair compensation for individuals harmed by specific vaccines, including SIRVA. VICP proceedings happen only in the US Court of Federal Claims, without a jury.
Since its start in 1988, VICP has compensated individuals injured by covered vaccines, including SIRVA. Even without a formal finding, people can receive compensation through settlement agreements.
Vaccine Injury Table
The Vaccine Injury Table is a guide from the U.S. Department of Health and Human Services. It lists vaccines, the injuries they can cause, and the usual time frame for symptoms to appear.
The table helps decide if you can get compensation through the VICP. If your injury is listed on the table and happened within the expected time, it can make your claim simpler. If it’s not listed or the timing is different, you will need to show proof that the vaccine caused the injury.
The table is meant to make it easier to understand what injuries are covered and how claims are decided.
Vaccines Covered and Not Covered by the VICP
The VICP covers certain vaccines and the injuries they can cause. Here is a summary for claims filed on or after January 3, 2022, based on HRSA’s Vaccine Injury Table:
Vaccines and injuries that are covered
- DTaP (diphtheria, tetanus, pertussis)
Injuries: anaphylaxis, encephalopathy, SIRVA
- Hib (Haemophilus influenzae type b)
Injuries: anaphylaxis, encephalopathy, SIRVA
- Hepatitis A
Injuries: anaphylaxis, SIRVA
- Hepatitis B
Injuries: anaphylaxis, Guillain-Barré Syndrome, SIRVA
- HPV
Injuries: anaphylaxis, Guillain-Barré Syndrome, SIRVA
- Influenza
Injuries: anaphylaxis, Guillain-Barré Syndrome, SIRVA
- MMR (measles, mumps, rubella)
Injuries: anaphylaxis, encephalopathy, SIRVA
- Meningococcal
Injuries: anaphylaxis, Guillain-Barré Syndrome, SIRVA
- Pneumococcal conjugate
Injuries: anaphylaxis, encephalopathy, SIRVA
- Polio
Injuries: anaphylaxis, encephalopathy, SIRVA
- Rotavirus
Injuries: intussusception, SIRVA
- Tetanus containing vaccines
Injuries: anaphylaxis, encephalopathy, SIRVA
- Varicella (chickenpox)
Injuries: anaphylaxis, encephalopathy, SIRVA
Vaccines and injuries not covered
- COVID 19 vaccines
Injuries: anaphylaxis, thrombosis with TTS, myocarditis, pericarditis, VITT
- Injuries not caused by a vaccine
- Injuries not listed in the Vaccine Injury Table
- Injuries or conditions not covered by VICP
For a full list of covered vaccines and injuries, check the Vaccine Injury Table on the HRSA website.
Who Can Get SIRVA Compensation Through the VICP
You may be able to get compensation for SIRVA through the VICP if you meet a few key points:
- The vaccine you received is on the VICP list of covered vaccines.
- SIRVA or your specific shoulder injury is listed on the Vaccine Injury Table.
- Your symptoms started within the time frame shown for that vaccine.
- The injury lasts more than six months or was serious enough to require hospitalization or surgery.
- You file a petition with the Office of Special Masters within the allowed time.
A healthcare provider or a vaccine injury attorney can help you understand the rules and ensure your claim is set up properly.
Filing a SIRVA Claim with the VICP
If you have SIRVA and want to file for compensation through the VICP, here’s what to do:
- Check the Vaccine Injury Table
Make sure SIRVA is listed as a recognized injury for your vaccine.
- Gather evidence
You will need to show proof that the vaccine caused your injury if SIRVA is not listed.
- Submit a petition
File your claim online or by mail with vaccine court. Include details about the vaccine, your symptoms, and your medical treatment.
- Include medical records
Attach documents that support your SIRVA diagnosis and link it to your vaccine.
- Wait for review
A special master will be assigned to look over your case and may ask for more information.
- Attend a hearing
If your claim is eligible, a hearing will be scheduled to decide compensation based on how serious your injury is and any losses you had.
- Think about an appeal
If you are not happy with the decision, you can appeal to the U.S. Court of Federal Claims.
Talking with a vaccine injury lawyer can make this process easier and ensure your claim is complete and accurate. You can also find guidance and resources on the U.S. Court of Federal Claims, Office of Special Masters website.
What Is a SIRVA Lawsuit?
A SIRVA lawsuit is a legal claim for people who get a shoulder injury from a vaccine. You might file one in state or federal court if you do not agree with a VICP decision or want compensation beyond what the program offers. These lawsuits focus on covering medical bills, lost income, and the pain and difficulties caused by the shoulder injury.
Filing a SIRVA Case
If you decide to file a SIRVA lawsuit, the process usually looks like this:
- Talk with a SIRVA lawyer
Meet with a vaccine injury lawyer to see if your case has merit.
- Collect your evidence
Gather medical records, details about your injury, and any communications with healthcare providers.
- Notify the responsible parties
Your vaccine injury attorney will prepare a complaint and file it with the court, naming those who could be responsible.
- Exchange information
Both sides share evidence and documents in what is called the discovery process.
- Settle or go to trial
The case may be settled outside of court, or it may go to trial if a fair agreement cannot be reached.
- Get compensation
If the case is successful, you may receive compensation for your vaccine injury.
Compensation for SIRVA: VICP vs Personal Injury Lawsuit
When it comes to SIRVA, you may get compensation either through the VICP or a personal injury lawsuit. Here’s how they compare:
Type of Compensation | VICP | Personal Injury Lawsuit |
Medical Costs | Covers past and future out-of-pocket medical expenses related to the injury, except most insurance, with some exceptions like Medicaid. | Covers all reasonable medical costs, including those normally paid for by insurance, with no limit. |
Lost Wages | Covers income lost because of the injury, both actual and projected. | Covers lost income and future earning potential without a cap. |
Pain and Suffering | Capped at $250,000. | Can be higher depending on how severe the injury is and the outcome of the case. |
Disability or Impairment | Counted as part of pain and suffering or lost wages. | Can receive separate compensation for permanent disability or loss of function. |
Death Benefits | Up to $250,000 for survivors if the injury causes death. | Usually higher, covering funeral costs and other losses to survivors. |
Attorney Fees and Costs | Paid by VICP if the claim is filed in good faith. | Paid by the claimant unless the court decides otherwise; costs can be significant. |
Process | No-fault and handled through the vaccine court, no jury. | Traditional civil case; you must show negligence, decided by judge or jury. |
Timeline | Usually faster because of the streamlined process. | Can take years because court cases and appeals take time. |
VICP is faster and simpler, with set limits for pain and suffering, covering medical bills, lost wages, and legal costs without proving fault. A personal injury lawsuit can give higher and broader compensation, but you must show someone was at fault, and the process can be long and uncertain.
If you are unsure which option is right for your SIRVA claim, talking to a vaccine injury lawyer can help you decide what makes the most sense for your situation.
How a Vaccine Injury Lawyer Can Help with Your SIRVA Claim
Dealing with a sore shoulder and a complicated legal process is too much for one person. A vaccine injury lawyer who knows these specific cases can take the weight off your shoulders. Here’s what they actually do for you:
- They give you a straight answer. They’ll review what happened and tell you honestly if you have a case. No false hope, no confusion.
- They handle the paperwork and deadlines. They know all the forms and important dates the program requires. You won’t have to worry about missing a step.
- They gather your medical evidence. They get your doctor’s records and reports to build a strong case that shows how you’ve been hurt.
- They speak for you. They deal with the court and the government so you can focus on feeling better.
- They fight for what’s fair. They work to get you compensation for your medical bills, lost time from work, and the pain you’ve had to endure.
Vaccination Injury Lawyers at Ethen Ostroff Law for SIRVA Claims
Vaccines protect against serious diseases, but sometimes SIRVA happens. If you’re affected, the VICP and a SIRVA lawsuit can provide compensation. At Ethen Ostroff Law, our team of vaccination injury lawyers knows how SIRVA claims work. We can help you file through VICP or take a SIRVA lawsuit if needed. We handle gathering medical records, putting your claim together, and representing you every step of the way. Contact us today to talk with a vaccine injury lawyer and see what options you have.
Frequently Asked Questions
How do you prove vaccine injury?
You need good medical records that show what happened and when it happened after getting the vaccine to prove a vaccine injury. You also need proof of the exact vaccine you got, the dose, and the date it was given. Doctors’ notes, test results, and expert opinions can help show that the vaccine caused the injury. On top of that, you must follow the right legal steps and file your claim on time.
What happens legally if someone is harmed by a vaccine?
Instead of suing the vaccine maker directly, you can file a claim through the Vaccine Injury Compensation Program if a vaccine causes harm. A special judge will look at your case and decides if the vaccine likely caused your injury. Both you and the government can share medical records and expert opinions to support your side. If the claim is approved, you may get money for medical bills, lost wages, and pain or suffering.
How much money has been paid by vaccine injury Court?
Since 1988, the Vaccine Injury Compensation Program has paid about $4.8 billion to people who proved their injuries came from vaccines. Around 9,000 claims have been approved out of more than 25,000 filed. The program covers many vaccines used in the U.S. and is funded by a small tax on vaccines. Each year, it keeps paying awards for medical costs, lost wages, and legal fees for claims that qualify.
Are there any COVID vaccine lawsuits?
Yes, there are COVID vaccine lawsuits happening in the U.S. Some challenge changes to vaccine recommendations for healthy kids and pregnant women, saying the decisions were made without proper science. Others deal with vaccine patents or workplace rules about vaccine requirements. The cases focus on making sure public health rules are followed and protecting people’s rights.
