What Is a SIRVA?
A Shoulder Injury Related to Vaccine Administration, (SIRVA) is an injury to the arm that occurs from a vaccine injection. SIRVA is thought to happen because the vaccine needle goes into the shoulder joint or the shoulder bursa instead of the deltoid muscle tissue. When the vaccine is injected into the synovial tissue of the joint or bursa, an immune response can happen and cause severe inflammation. A person with SIRVA may be diagnosed with bursitis, a rotator cuff tear, or adhesive capsulitis. SIRVA can occur with any vaccine that is injected into the shoulder instead of the deltoid muscle. Vaccinations for Influenza, Tetanus, Hepatitis, HPV and Pneumococcal Disease are some of the vaccines for which this injury is recognized by the Vaccine Injury Compensation Program. The injury can involve tendons, ligaments and the joint. Symptoms of SIRVA include shoulder pain and reduced range of motion after the injection. As long as one can demonstrate that the shoulder injury occurred following administration of a covered vaccine and that the injury is not due to another cause, the injury is recognized as eligible for compensation under the VICP. Conversely, if the vaccine being administered is a shingles vaccination or other vaccine not covered by the VICP, then one would have to sue the administrator because the VICP will not recognize the claim. If a Covid vaccine causes SIRVA, a claim is currently restricted to the Countermeasure Injury Compensation Program.
What Are the Symptoms of SIRVA?
SIRVA is an injury caused by improper technique or landmarking. When the administrator injects the vaccine too high or too deep into anatomic structures adjacent to deltoid muscle, inflammatory immune responses can occur, resulting in a shoulder injury. Direct injuries to nerves and tendons are also possible. Common symptoms of SIRVA include shoulder pain and reduced range of motion that begin shortly after the vaccination.
What Compensation Is Available for SIRVA?
The Vaccine Injury Table recognizes SIRVA as an injury, but certain requirements must be met before compensation will be considered. The symptoms of a SIRVA injury must begin within 48 hours of the administration of the vaccine and must last for at least six (6) months. If the injury does not meet the Table requirements, the petitioner must show through medical evidence that the injury was more likely than not caused by the vaccination. If a petitioner files a timely claim within three (3) years of vaccination, and establishes that the vaccine likely caused the SIRVA, compensation can be awarded for medical and rehabilitative expenses, pain and suffering and lost earnings. However, damages for past and future pain and suffering are limited to a maximum amount of $250,000.
Why Contact an Experienced Vaccine Attorney?
An experienced vaccine attorney admitted to the Court of Federal Claims is important for someone who may have been injured by a vaccination. Knowledge about the National Vaccine Injury Compensation Program (VICP) process and knowing the medical proofs required to obtain compensation are critical to success. There may be complex issues in medicine and immunology that must be analyzed and proven in a claim for a SIRVA vaccine injury. The program has strict criteria for proving a vaccine injury that requires legally and medically-complex documentation, and this is best handled by attorneys who have experience in the Vaccine Compensation Program. Contact us today!