Leah Durant | Vaccine Attorney - Vaccine Blog

At the Law Offices of Leah V. Durant, PLLC, our Firm specializes in the representation of clients in claims filed before the United States Court of Federal Claims.  Pursuant to a federal program called the National Vaccine Injury Compensation Program (or “VICP”), individuals who have suffered injury resulting from the receipt of a vaccination may seek compensation from the government.

As a lesser-known potential side effect of vaccination, Shoulder Injury Related to Vaccine Administration (SIRVA), is becoming a growing issue within the context of vaccine injury law – and is gaining increasing widespread attention.  SIRVA is a condition causing serious, unrelenting pain in the area surrounding the vaccination site. In severe cases, SIRVA can cause stiffness and the total inability to use the arm for months following the shot.

The human papillomavirus (HPV) is the cause of one of the most prevalent sexually-transmitted diseases in the United States today. According to the Centers for Disease Control (CDC), there are approximately 14 million new HPV infections recorded in the U.S. each year – and the virus is linked to over 90 percent of all cases of genital warts and anal cancer, as well as virtually all cases of cervical cancer.

The flu vaccine has been touted as a necessary and harmless protectant against the dangers of the flu virus – which can lead to significant health problems in the children, elderly and immunosuppressed. However, some are also skeptical of the vaccine’s potential side effects, and have refused to administer this particular inoculation to their children. Nevertheless, health officials in New York City have unilaterally decided that the flu vaccine is a necessary component to the state-run daycare and preschool system – and mandated that all enrollees accept the vaccination or face expulsion.

Fortunately, anaphylaxis, a severe, life-threatening allergic reaction, is a rare occurrence. Nonetheless, parents often worry, particularly if they have a child with serious allergies, about the dangers of the administration of a vaccine precipitating such a dangerous reaction in their child.

Can I be compensated for my vaccine-related injury?

The short answer to that question is yes. The administration of the vaccine can cause injuries which are not related to the contents of the vaccine itself.

In the American vaccination landscape, many wrongfully believe that only children are subject to the mandates of the “standard” inoculation schedule. However, as lawmakers in California recently decided, adults employed in certain industries are also required to submit to the state’s predetermined routine. In other words, their employment depends upon meeting the vaccination requirement.

A recent California Law has outlawed a family’s personal and religious beliefs as reasons for refusing to vaccinate their child. The law requires that children enrolling in daycare or school be immunized against diseases such as measles and whooping cough. The only exemption to the requirement is for children with certain medical problems, including certain immune system deficiencies. If parents refuse to vaccinate their child, he or she loses the right to attend school or daycare and instead is relegated to a home-based private school or a public independent study program off campus.

The National Vaccine Injury Compensation Program (VICP) provides an opportunity for individuals who have suffered complications from vaccinations to recover financial compensation without the need to prove that someone else is liable for their injuries. The Vaccine Injury Table identifies specific circumstances when compensation is available under the VICP. But, in many cases, victims can seek compensation for complications not listed on the Vaccine Injury Table as well.

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).

Vaccinations for diseases and infections such as chickenpox, flu, Hepatitis B and HPV play an important role in today’s society. Unfortunately, many vaccines carry their own risks for serious injuries and complications. In this article, we highlight some of the risks associated with America’s most common vaccinations.