Flu shot recipients who experience a shoulder injury related to vaccine administration (SIRVA) lasting six months or longer have clear legal rights. These include the right to file a claim under the National Vaccine Injury Compensation Program (VICP) and the right to hire a vaccine attorney at no cost. Hiring an attorney to file a VICP claim gives eligible claimants the opportunity to seek compensation for SIRVA-related medical expenses and other losses.

Flu shot injuries are extremely rare. Among the millions of Americans who receive an annual flu shot, only a tiny percentage experience complications beyond mild pain and tenderness at the injection site.

But among those who experience more serious complications, shoulder injuries related to vaccine administration (SIRVA) are easily among the most common concerns.

Shoulder injuries related to vaccine administration (SIRVA) can result from various errors during flu shot administration—and they can take many different forms. If SIRVA symptoms begin within 48 hours of immunization and last six months or more, flu shot recipients may seek compensation for medical expenses and other losses under the National Vaccine Injury Compensation Program (VICP).

Understanding Flu Shot Recipients’ Legal Rights Following a SIRVA Diagnosis

In this scenario, flu shot recipients have clear legal rights. Here is an overview of what flu shot recipients should know about their legal rights following a SIRVA diagnosis:

1. The Right to File a VICP Claim with the Federal Government

The National Vaccine Injury Compensation Program (VICP) covers shoulder injuries related to vaccine administration (SIRVA) linked to the annual flu shot. To file a VICP claim, a flu shot recipient must be able to prove:

  • Symptoms of SIRVA onset within 48 hours of receiving the annual flu shot;
  • Symptoms have persisted for at least six months; and
  • Less than three years have passed since flu shot administration.

If a flu shot recipient can prove each of these three requirements, the recipient can file a claim under the VICP. Proving a flu shot recipient’s eligibility requires the recipient’s vaccination record, medical records related to his or her SIRVA diagnosis, and other documentation.

2. The Right to Hire a Vaccine Attorney at No Cost

Flu shot recipients who are eligible to file VICP claims for SIRVA have the right to hire a vaccine attorney at no cost. Filing a VICP claim is complex, so we strongly recommend hiring an experienced attorney. The VICP covers claimants’ legal fees separately from their compensation awards. As a result, unlike traditional personal injury claims, flu shot recipients who have VICP claims do not have to pay contingency fees if their claims are successful.

3. The Right to Seek Compensation for Past, Present and Future Medical Expenses

The VICP covers eligible claimants’ medical expenses related to their SIRVA diagnoses. This includes medical expenses incurred prior to filing, medical expenses incurred during the claims process, and medical expenses that claimants are likely to incur in the future.

Calculating the anticipated future medical expenses associated with a SIRVA diagnosis involves working with medical experts who can assess the long-term impacts of a flu shot recipient’s condition. A vaccine attorney can assist with identifying doctors who can provide the documentation that is required.  

4. The Right to Seek Compensation for Lost Earnings and Future Earning Capacity

The VICP also covers eligible claimants’ loss of income. This includes past, present, and anticipated future losses. Calculating a flu shot recipient’s loss of future earning capacity also typically involves working with experts who can forecast the long-term impacts of a SIRVA diagnosis—and an experienced vaccine attorney can help with that, too.

5. The Right to Seek Compensation for Pain and Suffering (Up to $250,000)

Along with medical expenses and loss of income, the VICP also covers eligible claimants’ pain and suffering. While compensation for medical expenses and loss of income is uncapped, damages for pain and suffering are capped at $250,000. Proving flu shot recipients’ pain and suffering resulting from a SIRVA diagnosis also requires various forms of documentation; once again, an experienced vaccine attorney can help you do what is necessary to seek just compensation.

6. The Right to Seek a Good-Faith Settlement

Flu shot recipients who have VICP claims for SIRVA have the right to seek a good-faith settlement from the government. Most successful VICP claims are resolved through settlement, and claimants can—and should—seek settlements that cover all past, present, and future SIRVA-related losses. An experienced vaccine attorney can negotiate with the government and advise on any settlement offers on the table.

7. The Right to Go to Court if Necessary

While most successful VICP claims settle, flu shot recipients with SIRVA claims can—and should—go to court when necessary. VICP claims are handled by the U.S. Court of Federal Claims in Washington, D.C. (which is also known as the “Vaccine Court”). An experienced vaccine attorney can provide legal representation in court if necessary.

What Flu Shot Recipients Should Do to Protect Their Legal Rights If They Have Been Diagnosed with SIRVA

Flu shot recipients who have been diagnosed with a shoulder injury related to vaccine administration (SIRVA) should be proactive about protecting their legal rights. Among other things, this involves:  

  • Continuing Treatment and Following Their Doctors’ Recommendations – Flu shot recipients diagnosed with SIRVA should continue treatment as prescribed and follow their doctors’ recommendations (or seek a second opinion, if necessary).
  • Keeping Track of the Financial and Non-Financial Consequences of Their Diagnosis – Flu shot recipients diagnosed with SIRVA should also track their financial and non-financial costs. This includes keeping copies of their medical and employment records and keeping a “pain journal” on a daily basis.
  • Speaking with a Vaccine Attorney Promptly – While not legally required, hiring an experienced vaccine attorney is strongly recommended. Flu shot recipients who have questions about filing a VICP claim should schedule a free consultation promptly.

FAQs: Filing a VICP Claim for SIRVA from a Flu Shot

When does the VICP cover SIRVA caused by a flu shot?

The National Vaccine Injury Compensation Program (VICP) covers shoulder injuries related to vaccine administration (SIRVA) when flu shot recipients’ symptoms onset within 48 hours of immunization and last six months or longer. VICP claimants must have thorough documentation of their eligibility and the losses they are entitled to recover.

How long do flu shot recipients have to file SIRVA claims under the VICP?

Flu shot recipients have three years from the date of their immunization to file a claim under the National Vaccine Injury Compensation Program (VICP). With that said, we strongly encourage flu shot recipients to speak with a vaccine attorney as soon as possible if they have questions about filing a claim.   

How much financial compensation can VICP claimants recover for SIRVA?

Compensation awards under the National Vaccine Injury Compensation Program (VICP) are determined based on individual claimants’ financial and non-financial losses. Flu shot recipients with questions about filing claims for shoulder injuries related to vaccine administration (SIRVA) should consult an experienced vaccine attorney who can determine how much they are entitled to recover.

How We Help Protect Vaccine Recipients’ Rights

At Law Offices of Leah V. Durant & Associates, our practice is devoted to helping vaccine recipients and families pursue claims under the National Vaccine Injury Compensation Program (VICP). Here are just some of the ways we help protect our clients’ legal rights:

  • Carefully Calculating Just Compensation for Our Clients’ Financial and Non-Financial Losses – We work closely with our clients, their doctors, and other experts to carefully calculate the value of our clients’ VICP claims. This includes calculating what our clients are entitled to recover for present and future medical expenses, loss of income, and pain and suffering.
  • Meeting All Requirements to File a Valid VICP Claim – We rely on our experience to ensure our clients’ claims meet all requirements for seeking compensation under the VICP. This includes meeting both the substantive and technical requirements for filing a formal petition in the Vaccine Court (the first step in the process).
  • Handling the VICP Claims Process from Start to Finish – From filing our clients’ claims to negotiating with the government’s attorneys and fighting for just compensation in the Vaccine Court when necessary, we handle our clients’ claims from start to finish. As discussed above, we do so at no cost.

Schedule a Free Consultation with a Vaccine Attorney at Law Offices of Leah V. Durant & Associates

If you have questions about your legal rights following a SIRVA diagnosis related to the annual flu shot, we strongly encourage you to schedule a free, no-obligation consultation at Law Offices of Leah V. Durant & Associates. To speak with an experienced vaccine attorney in confidence as soon as possible, call us at 202-775-9200 or tell us how we can reach you online now.