There are several different types of illnesses and injuries that have been linked to vaccinations. Some of these, such as encephalopathy, are linked to specific vaccines (DTP, DTaP, MMR and MMRV), while others, such as shoulder injuries related to vaccine administration (SIRVA), are risks for all vaccine recipients. Chronic arthritis falls into the first category. Under the National Vaccine Injury Compensation Program (VICP), chronic arthritis is listed as an “on table” injury only for vaccines containing the rubella virus (MMR and MMRV). This means that the Health Resources & Services Administration (HRSA) has only found a scientifically-supported link between chronic arthritis and rubella-containing vaccines. This does not necessarily mean that links to other vaccines do not exist, but no other links between vaccines and chronic arthritis are currently broadly recognized by the scientific community.
When is Chronic Arthritis an “On Table” Injury for MMR and MMRV?
Like all vaccine-related illnesses and injuries, there are limitations on when chronic arthritis qualifies as an “on table” injury for MMR and MMRV. According to the HRSA, for purposes of seeking financial compensation under the VICP, “Chronic arthritis is defined as persistent joint swelling with at least two additional manifestations of warmth, tenderness, pain with movement, or limited range of motion, lasting for at least 6 months.” The HRSA also clarifies that, in order for chronic arthritis to qualify as an “on-table” injury, the vaccine recipient must have “no history” of joint disease in the three years prior to receiving the MMR or MMRV vaccination. Proof that a vaccine recipient’s chronic arthritis was caused by an MMR or MMRV vaccination can be established by:
- “Medical documentation recorded within 30 days after the onset of objective signs of acute arthritis (joint swelling) that occurred between 7 and 42 days after a rubella vaccination; and
- “Medical documentation (recorded within 3 years after the onset of acute arthritis) of the persistence of objective signs of intermittent or continuous arthritis for more than 6 months following vaccination; and
- “Medical documentation of an antibody response to the rubella virus.”
The footnotes to the Vaccine Injury Table also clarify that certain conditions are not considered to constitute chronic arthritis for purposes of the VICP. These include:
- Musculoskeletal disorders (including rheumatoid arthritis, juvenile idiopathic arthritis, systemic lupus erythematosus, systemic sclerosis, mixed connective tissue disease, polymyositis, dermatomyositis, fibromyalgia, necrotizing vasculitis and vasculopathies and Sjogren’s Syndrome)
- Degenerative joint disease
- Metabolic and endocrine diseases
- Neoplasms
- Neuropathic disorders
- Bone and cartilage disorders,
- Arthritis associated with ankylosing spondylitis, psoriasis, inflammatory bowel disease, Reiter’s Syndrome, blood disorders or arthralgia
- Joint stiffness without swelling
What Should You Do if You Have Been Diagnosed with Chronic Arthritis Following an MMR or MMRV Vaccination?
If you have been diagnosed with chronic arthritis following an MMR or MMRV vaccination and would like to find out if you are entitled to financial compensation under the National Vaccine Injury Compensation Program (VICP), we encourage you to contact us for a free, no-obligation consultation. To schedule an appointment with national vaccine injury lawyer Leah V. Durant as soon as possible, please call 202-775-9200 or inquire online today.