Vaccine Injection Shoulder Injury (SIRVA) Vaccine Lawyer

What Is Shoulder Injury Related to Vaccine Administration (SIRVA)?

There is no getting around it, shots hurt. First comes the prick of a needle, and then comes soreness or stiffness. Most of the time the pain experienced from a vaccination goes away after a few days, but on rare occasions the injury lasts far longer, leading to intense, prolonged pain, limited range of motion, and other shoulder-related injuries. Collectively these cases are known as Shoulder Injury Related to Vaccine Administration ( or SIRVA).

Are Shoulder Injuries Caused by Vaccines?

SIRVA or Shoulder Injury Related to Vaccine Administration is caused by the injection of a hypodermic needle itself, not by the specific contents of the vaccine injected. Improper vaccination technique or inappropriate needle length are believed to be the leading causes of SIRVA vaccine injuries. Though SIRVA is most often characterized by persistent and severe shoulder pain and limited range of motion, other issues, such as tendonitis, adhesive capsulitis (aka frozen shoulder), shoulder bursitis, and brachial neuritis, have also been reported after administration of a vaccine.

Shoulder Injuries Related to Vaccine Administration (SIRVA)

There are several types of shoulder injuries that are closely associated with hypodermic vaccinations. These injuries result not from the vaccines themselves, but rather from issues during the injection. This means that you can experience SIRVA regardless of the disease for which you are being vaccinated.

Some of the most common forms of SIRVA include:

  • Adhesive Capsulitis (Frozen Shoulder) – Adhesive capsulitis is characterized by severe stiffness and pain in the shoulder. Most cases can be resolved with medication and physical therapy, though surgery may be required.
  • Brachial Neuritis – Brachial neuritis is characterized by inflammation leading to the sudden onset of shoulder pain, followed by weakness or numbness. These conditions may extend down the arm as well. Treatment options for brachial neuritis are similar to those for adhesive capsulitis.
  • Reduced Range of Motion – SIRVA often leads to a reduced range of motion. This may prevent you from doing things around the house or being able to perform at your job. In severe cases, therapy may be necessary in order to restore muscle strength and fine motor function.
  • Rotator Cuff Tears – Rotator cuff tears occur when a vaccine injection is administered too high or too deeply into the shoulder. If the needle penetrates the tendons and bursa, this can lead to inflammation of the rotator cuff; and, without proper treatment, the rotator cuff can suffer damage.  Sharp or stabbing pain in the shoulder is usually one of the earliest signs of a rotator cuff injury caused by improper administration of a vaccine.

  • Shoulder Bursitis – The bursa is a fluid-filled sac that serves to reduce friction between tissues in your shoulder. When the bursa becomes inflamed due to a vaccine administration error, the result is shoulder bursitis. In rare cases, the inflamed bursa can also become infected, potentially leading to sepsis.
  • Tendonitis – Tendonitis involves inflammation of the tissue connecting the muscles and bones in your shoulder. Tendonitis can be extremely limiting for an extended period of time, and treatment can involve rest, medications, steroid injections and physical therapy.

It is important to note that the symptoms of many forms of SIRVA can come on gradually. So, keep your vaccination in mind if you start to experience pain, stiffness or inflammation in the shoulder where you received your injection. Even if some time has passed, you should not dismiss your vaccination as a possible cause of your shoulder injury. It’s important to speak with a vaccine attorney like Leah Durant as quickly as possible to identify your possible claim.  If too much time passes, you may miss out on claiming financial compensation for your medical bills and other financial losses.

How Are Shoulder Injuries Treated?

In most cases, SIRVA can be treated with pain medication and physical therapy to alleviate inflammation and improve range of motion. While therapy can help to reduce symptoms of SIRVA, most patients continue to experience pain, even after treatment. In the most severe cases of SIRVA, surgery may be necessary to repair damage done to the shoulder’s ligaments and tendons, caused by a vaccine injection.

If you experienced SIRVA for an extended period of time after receiving a vaccination, you may be eligible for compensation from the federal government’s Vaccine Injury Compensation Program (VICP), which is the entity responsible for determining compensation for those who have been injured by certain vaccines. VICP claims may be filed on behalf of infants, children and adolescents, or by adults who experienced SIRVA.

Hiring an Experienced Vaccine Attorney for Your Shoulder Injury Claim

You do not need a vaccine lawyer to file a claim with the Vaccine Injury Compensation Program. However, since this is a legal process, most people choose to have a lawyer assist them. Though compensation can sometimes be automatic, it is more common that the vaccine injured person has to present evidence demonstrating a causal connection between the vaccine and the injury. The VICP can deny compensation depending on the specific facts of each vaccine case, and the U.S. Court of Federal Claims determines which claims will be paid and how much each claimant will receive. It is possible that the Vaccine Injury Compensation Program will pay your vaccine lawyer’s fees and other legal costs related to your vaccine injury claim if you meet certain requirements, but the VICP will not pay the fees of petitioners representing themselves.

When Is a SIRVA Lawyer Needed to File a Claim Under the VICP?

Painful shoulder symptoms can come about following the receipt of any routine vaccination administered by an injection. This includes all of the vaccines covered under the VICP, such as:

  • Seasonal influenza vaccines (annual flu shot)
  • Diphtheria, tetanus and pertussis vaccines (DTaP, DTP, DT, Td and TT)
  • Haemophilus influenzae type b vaccines (Hib)
  • Hepatitis A and B vaccines
  • Human papillomavirus vaccines (HPV)
  • Measles, mumps and rubella vaccines (MMR and MMRV)
  • Meningococcal and pneumococcal conjugate vaccines
  • Polio vaccines (IPV and OPV)
  • Rotavirus vaccines
  • Varicella (chickenpox) vaccines

In addition to receiving one of the above “covered vaccines,” other criteria are required in order for petitioners to successfully file and prevail in a claim of SIRVA filed under the VICP.  These criteria include:

  • File a Claim Within The Statute of Limitations – Individuals who are diagnosed with SIRVA or any other vaccine injury must file a claim under the VICP no more than three years following the first onset of symptoms, and no more than two years from the date of death. This is the statute of limitations for all claims filed under the VICP, including SIRVA.
  • Adhering to the Vaccine Act’s Severity Requirement – To qualify for compensation under the VICP, a vaccine-injured person must show that his or her symptoms have lasted for longer than six months following vaccination; or, that treatment of the injury required inpatient hospitalization and surgical intervention.

Potential Compensation for a SIRVA Claim

Under the VICP, SIRVA is considered an “on table” injury if, among other conditions, symptoms began within 48 hours of receiving the vaccine. This is significant because filing the case as an on table claim eliminates some of the barriers to recovering compensation. If an individual’s symptoms did not begin within 48 hours of receiving a vaccine, it is still possible to file a claim, but it is important to seek the advice of a qualified  SIRVA lawyer to assess whether a successful claim can be supported, based on the medical evidence presented in the case.

If you are eligible to file a claim under the VICP, a SIRVA attorney can assist in navigating the necessary steps to filing a claim and can help to ensure that the claim falls within the statute of limitations. Your  attorney can help with compiling your damages, and calculating your losses in order to negotiate a just settlement on your behalf. If the parties are unable to reach a settlement, your attorney can seek to have damages be decided by the Office of Special Masters.

Contact Experienced Vaccine Attorney Leah Durant

Retaining an attorney who is specifically well-versed in SIRVA-related vaccine injury claims and has a thorough knowledge of the VICP is the best bet for an individual looking to recover compensation for their SIRVA condition. Vaccine attorney Leah Durant is a vaccine law specialist who works tirelessly to help people nationwide recover the compensation they deserve after a vaccine-related injury.

Keep in mind, the time period in which you can file for recovery is limited, so if you think you or a loved one is suffering from SIRVA as a result of a vaccine, the time to seek compensation is now. In very limited circumstances, the Courts may extend these deadlines, but the sooner you file a claim, the better your chances are at recovering compensation for your vaccine injury claim. Contact the Law Offices of Leah V. Durant, PLLC, today for a free, no obligation consultation.

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