Personal Injury And Medical Malpractice Attorneys

Get Vaccinated, but on Different Days: SIRVA and Guillain-Barre Syndrome (GBS)

by | Feb 29, 2024 | Medical Malpractice, Vaccine |

Get Vaccinated, but on Different Days:

In the fight against infections, vaccination is a powerful tool. However, current public pressure to streamline vaccination efforts by administering COVID and flu vaccines simultaneously poses risk. Although the CDC recommends the flu vaccine and COVID-19 vaccine at the same visit, efficiency may come with a price.

SIRVA and Guillain-Barre Syndrome (GBS), Under-Appreciated Concerns:

SIRVA is one of the main injuries seen in the Vaccine Injury Compensation Program (VICP). It is a shoulder injury caused by the injection of a vaccine into the shoulder capsule rather than the deltoid muscle, often resulting in severe pain and a decreased range of motion. Symptoms typically begin within 48 hours of vaccine administration and do not subside with over-the-counter analgesics.  The injury is preventable if the administrator adopts proper landmarks and administration techniques.

GBS is a disorder where the body’s immune system damages nerves, causing muscle weakness and sometimes paralysis. GBS can develop days or weeks following an infection or following a flu vaccination. The CDC reported that recent studies have suggested an increased risk of GBS among adults 18 years and older after receiving the J&J/Janssen COVID-19 vaccination.

Why Get Vaccinated on Different Dates:

SIRVA and GBS following flu vaccination are injuries recognized by the VICP and appear on the Vaccine Injury Table. If symptoms manifest within a specific time period following the administration of a vaccine on the Table, an injured person will be eligible for compensation in VICP. The VICP is advantageous because it is a no-fault compensation program designed to provide a prompt and non-adversarial alternative to traditional civil tort litigation. Recovery includes pain and suffering and lost wages. Attorneys’ fees are paid by the Program.

In contrast, if you suffer the same injury following a Covid-19 vaccination, you are not eligible for compensation in VICP but must file in the Countermeasure Injury Compensation Program (CICP). The CICP does not allow for recovery for pain and suffering or future lost earnings and does not pay attorneys’ fees. As of January 1, 2024, only 11 of 12,854 Covid-19 claims filed were compensated.

Get Vaccinated on Different Dates and Different Arms:

If you develop GBS after receiving the Covid 19 and flu vaccines on the same day, you will be challenged to prove which vaccine caused GBS. If you cannot get vaccinated on different dates, insist on receiving the Covid-19 vaccine in one arm and the flu vaccine in the other arm.  If you suffer a shoulder injury, you can file a claim in the no fault VICP. Vaccinations in the same arm will make it difficult, if not impossible, to prove which vaccine caused the injury, and resulting in no recovery.

Conclusion:

As vaccination efforts for COVID-19 and influenza continue, prioritizing safety is crucial. Take steps to minimize risk and to preserve the ability to recover if injured. By planning vaccinations on separate days or, when necessary, in separate arms, individuals can contribute to successful vaccination efforts while safeguarding their well-being. Contact us today if you’ve been affected by a vaccine injury!