In June 2023, Green & Schafle trial lawyer and partner, David J. Carney, took a SIRVA vaccine injury case to trial when it was contested on the basis of onset, diagnosis, and alternative causes. The trial took place in San Francisco at the federal court as part of the U.S. Court of Federal Claims’ National Vaccine Injury Compensation Program (VICP.) During the trial, the petitioner, petitioner’s orthopedic expert and respondent’s orthopedic expert testified.
SIRVA cases account for over half of all filed vaccine injury claims in the National Vaccine Injury Compensation Program. Most cases are either settled or resolve through motions’ practice with the U.S. Court of Federal Claims. This case represents one of the very rare cases to go to trial and could serve as a benchmark for future SIRVA cases on issues related to the impact of cervical fusions and radiculopathy (pinched nerve) and whether those pre-existing histories can be separated from an acute SIRVA injury.
In a time when the Department of Health and Human Services looks at every potential avenue to contest or delay the resolution of SIRVA claims, it is critical to retain qualified and experienced vaccine injury lawyers who are trial lawyers. Trial lawyers possess the key trial advocacy skills to diagnosis potential issues in your case, obtain the necessary medical experts to support the case, and to litigate the issues to resolution.
If you have a potential shoulder injury case (SIRVA), be mindful and fully vet your potential lawyers before signing up as a client. Hiring your local attorney that does not regularly practice in the National Vaccine Injury Compensation Program will result in poor outcomes or delays in your case. Similarly, hiring a lawyer who sporadically practices in the National Vaccine Injury Compensation Program will result in underrepresentation of your legal interests and likely result
in an unfavorable outcome. Do not hire an attorney that has not taken a vaccine case to trial. Now, more than ever, it is critical to retain a vaccine injury lawyer who possesses the long-term and daily skills to litigate vaccine injury cases and who has a proven track record in the courtroom.
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