What to Do With An Injury Caused by Vaccine

David Carney by David Carney, Partner of Green & Schafle

Over the last five years, a growing number of vaccine recipients are experiencing shoulder injuries after receiving a routine vaccine. Most often, people experience some combination of shoulder pain, discomfort, inflammation, and decreased range of motion as a result of receiving the flu shot or tetanus vaccine. A growing proportion of recent claims in the National Vaccine Injury Compensation Program deal with individuals experiencing shoulder injuries from vaccines. In fact, about half of all petitions since 2017, are cases involving shoulder injuries related to vaccine administration, or “SIRVA”. SIRVA usually in adults when the healthcare provider injected a vaccine too high on the shoulder, or into the shoulder joint space instead of into muscle tissue. In some individuals, this improper placement may cause an inflammatory response leading to shoulder pain and decreased range of motion. ### Having a Vaccine Injury Can Be Confusing After experiencing a shoulder injury from a vaccine, individuals can be left with feelings of confusion, frustration, and helplessness. Many individuals decide to take no legal recourse because they do not want to sue their pharmacist or family doctor that administered the vaccine. Others do not want to go through a legal process altogether for fear of the court system. Others simply do not know where to turn after experiencing a shoulder injury related to a vaccine. ### What to Do With a Vaccine Injury If you believe that you have experienced a shoulder injury from a vaccine, we recommend you follow these steps: **STEP ONE:** Obtain a copy of your vaccine consent form, especially if you received a vaccine at a pharmacy (CVS, Walgreens, Rite-Aid, Publix, etc.) or through your employer. This document is critical for proving that you received a vaccine and is required by the National Vaccine Injury Compensation Program. **STEP TWO:** Report your symptoms and complaints to your family doctor. Pay particular attention to when your symptoms began so you can report the correct timing to your doctor. **STEP THREE:** Follow your doctor’s medical treatment plan for dealing with your shoulder injury. Treatment plans can begin conservatively with ice, rest, and over-the-counter Ibuprofens, and can escalate to prescription medications and physical therapies. **STEP FOUR:** Consult with a licensed vaccine attorney to discuss how to best proceed with legal remedies through the Vaccine Injury Compensation Program. **STEP FIVE:** Continue to follow up with your doctor for treatment in order to document your progress to make sure you are effectively treating your shoulder injury. Shoulder injuries are unique to each individual and so one treatment plan may work from one person, but may not work for another. There is a lot of trial and error to see how one progresses. Be active and dedicated through your doctors to find the best treatment plan that works for you. Discuss Your Injury with a Licensed Vaccine Attorney At this point, you may be wondering, “Ok, but I do not want to sue my family doctor or report my injury to my employer.” There is no need to worry about causing waves with your family doctor or current employer. When you contact Green & Schafle to discuss your potential shoulder injury case, our licensed vaccine attorney will make it clear that all shoulder injuries related to the flu shot and tetanus vaccines must be filed in the National Vaccine Injury Compensation Program. Doing so means that no lawsuit will ever be filed against any pharmacist, employer, or family doctor because the Vaccine Act provides that “No vaccine administrator or manufacturer may be made a party to a civil action … for damages for a vaccine-related injury or death associated with the administration of a vaccine…” [see 42 U.S. Code §300aa-11(2)(B)] ### Vaccine Injury Lawyers At Green & Schafle LLC, we have skilled vaccine lawyers, licensed in the National Vaccine Injury Compensation Program and the United States Court of Federal Claims in Washington, D.C. who litigate vaccine injuries in all 50 states. Our licensed vaccine attorneys have been representing vaccine-injured clients nationwide for the last decade and they are actively involved in the Vaccine Injured Petitioners Bar Association, the national organization dedicated to the representation of individuals with vaccine injuries. ### David Carney, Esq David Carney, Esquire, at the law firm of Green & Schafle LLC, is a skilled vaccine lawyer, licensed in the National Vaccine Injury Compensation Program and the United States Court of Federal Claims in Washington, D.C. He has been representing vaccine-injured clients nationwide for the last decade and he is currently the Vice President of the Vaccine Injured Petitioners Bar Association, the national organization dedicated to the representation of individuals with vaccine injuries. If you or someone you know needs a vaccine lawyer, please contact the licensed vaccine lawyers at Green & Schafle LLC. We have a licensed vaccine lawyer to handle your vaccine injury claim no matter which state you live in.
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What is the VICP? How does the VICP Work? What Vaccines are Covered by the VICP? How to File a Petition? Who Can File a Petition? What are the VICP Petition Steps? Do You Need a Lawyer to File a VICP Petition? What are the VICP Vaccine Injury Severity Requirements? What are the VICP Statute of Limitations? What are Vaccine Injury Settlements and Payouts?
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