Leah Durant | Vaccine Attorney - Vaccine Blog

We have previously discussed the rising prevalence of National Vaccine Injury Compensation Program (VICP) claims involving shoulder injuries related to vaccine administration (SIRVA). Now, a report from Washington D.C. NBC affiliate News 4 reveals that, “half of all the new [VICP] cases allege ‘shoulder injury resulting from vaccine administration,’ or SIRVA, and have little or nothing to do with what was in the syringe.”

According to the report, the most-common vaccination error resulting in SIRVA involves administering the vaccine “too high on the arm.” This often results from health care providers and staff members asking patients to expose their shoulders without providing clear instructions as to where the vaccine is to be injected. Other potentially-harmful mistakes include injecting the vaccine too low on the arm (which often occurs when patients are asked to roll up their sleeves), using a wrong-size needle and inserting the needle at an inappropriate angle to the surface of the skin.

2017 Change Makes it Easier to Seek Compensation for SIRVA

While vaccine recipients have always been able to seek compensation for SIRVA under the National Vaccine Injury Compensation Program, an important change to the VICP in 2017 makes it easier for individuals diagnosed with SIRVA to secure compensation. This was the addition of SIRVA to the Vaccine Injury Table. As an “on-table” injury, individuals can now seek compensation for SIRVA without needing to specifically prove that their injuries are vaccine-related as long as their initial symptoms occur within 48 hours of vaccination. These symptoms include:

• Shoulder pain
• Swelling or bruising
• Limited mobility
• Loss of muscle strength
• Numbness or tingling

Anyone experiencing these symptoms following a flu shot or other vaccination should seek medical attention promptly, as prompt treatment can be important to mitigating the effects of SIRVA and preserving the right to compensation under the VICP.

What to Do if You are Experiencing Shoulder Pain After a Flu Shot or Other Vaccination

In addition to seeking prompt medical attention, there are other steps individuals can take to improve their chances of securing compensation under the National Vaccine Injury Compensation Program as well. These steps include:

• Make sure you have a record of your vaccination. Write down the date and location where you were vaccinated, and be sure to keep any records, bills, receipts or other paperwork referencing your vaccination.
• Follow your doctor’s advice. Once you receive a SIRVA diagnosis, it is important to follow the treatment plan prescribed by your doctor. Most forms of SIRVA will heal with rest and physical therapy, while engaging in strenuous physical activity too soon (including work-related activities) can slow the healing process.
• Speak with a vaccine attorney. The VICP pays claimants’ legal fees separately from their awards of financial compensation. As a result, you can hire an attorney for your SIRVA claim at little or no out-of-pocket cost to you. Due to the complexities and formal procedures involved in filing a claim with the VICP, it is strongly in claimants’ best interests to seek legal representation.

Schedule a Free Consultation about Your VICP Claim

If you would like more information about filing a claim under the National Vaccine Injury Compensation Program, we encourage you to contact us for a free, no-obligation consultation. To speak with national vaccine attorney Leah V. Durant in confidence, please call 202-800-1711 or request a consultation online today.

Leah Durant Bio