Do You Qualify for Shoulder Injury Related to Vaccine Administration (SIRVA) Compensation through the Vaccine Program?

David Carney by David Carney, Partner of Green & Schafle

If you have suffered from a shoulder injury after receiving a vaccination, you may be eligible to file a claim for compensation for your Shoulder Injury Related to Vaccine Administration (SIRVA) through the Vaccine Injury Compensation Program (VICP). So, how do you know if your claim is a valid one? There are some considerations when determining whether someone has a strong SIRVA claim or whether someone has a valid SIRVA claim at all. There are some factors that are important when determining whether you have a valid SIRVA claim. First, the shoulder pain in your vaccinated arm must have started within 48 hours of receiving the vaccine. Second, your case must be filed within 3 years from the onset of your symptoms. Third, if you have had an injury to the vaccinated shoulder previously, or there is an explanation for your shoulder pain other than the vaccine, your past medical history or the alternative cause for the shoulder injury may create a challenge. Aside from those factors, there are other elements that help to make a SIRVA claim stronger and more likely to be eligible for compensation: 1. The Court typically looks to medical records as support for or evidence of the injury. It is extremely important to report your injury to a doctor or medical provider and to consistently report the onset of your symptoms in relation to the vaccine. This creates strong medical records as evidence. 2. Along with reporting pain to providers, it is ideal to report your pain as soon as you can. Waiting too long before reporting your injury may weaken your case or make it seem as if your injury is not as severe by waiting to seek treatment. 3. It is best to have continuous medical records with no break or gap in treatment. This means you should continue to follow up with your providers, even if through telemedicine or virtual appointments. ### Get Help Today If you feel that your shoulder injury is consistent with a vaccine caused injury, please contact us immediately so that we can discuss the best course of action for you to ensure the best possible outcome for your claim.
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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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