Can you be compensated for SIRVA?
It seems simple — your doctor recommends that you get the flu shot this fall before flu season is in full swing. You receive the shot and all is well, right? Wrong. First of all, the flu shot only protects against certain strains of the flu, so you may still get sick from one of the strains that is not covered by the vaccine. Second, as with any vaccine, you may end up suffering from a serious injury to your shoulder. Fortunately, the vaccine court has been handing out higher awards recently to those who have suffered shoulder injury related to vaccine administration (SIRVA).
SIRVA is an injury caused when a vaccine shot is given in the upper part of the arm and the needle penetrates the joint instead of the intended muscle. This can cause nerve damage, leading to pain and loss of range of motion. The U.S. Court of Federal Claims, the court that handles vaccine-related cases, has recently begun recognizing SIRVA as a compensable injury and awarding damages to those who can prove their case. In order to prove that you suffered harm from SIRVA, you must show that you had no injury to the shoulder prior to the vaccine, that you suffer from constant pain now and that you have lost range of motion in the affected arm.
If you can prove the above elements, you may be entitled to tens of thousands of dollars in damages. In past years, most SIRVA settlements have been between $20,000 and $150,000. Over 100 people affected by SIRVA have been compensated since the year 2011. What is interesting about SIRVA cases is that they tend to stem from vaccines administered at pharmacies as opposed to clinician’s offices.
If you have received a vaccine for the flu or any other ailment and have shoulder pain you may be suffering from SIRVA. Contact national vaccine injury attorney Leah Durant by calling (202) 775-9200 for a consultation today.