Vaccine Injury Answer Attorney

On July 29, 2015, the Secretary of Health and Human Services published in the Federal Register a Notice of Proposed Rulemaking to amend the regulations governing the National Vaccine Injury Compensation Program by proposing revisions to the Vaccine Injury Table. The rule change, which took effect on February 21, 2017, states that anyone who receives the seasonal influenza vaccine and experiences an onset of GBS between 3 and 42 days thereafter, will be given the presumption of causation in the NVICP. In addition, anyone who suffers a SIRVA injury within 48 hours of receipt of any vaccine on the Vaccine Injury Table, will also be given the presumption of causation. The full text of the Federal Register Rule Change can be found here:https://www.gpo.gov/fdsys/pkg/FR-2017-01-19/pdf/2017-00701.pdf

The rule change effectively reopens the statute of limitations period for cases that were previously time-barred. The provision that “an individual who may be eligible to file a petition based on the revised Table may file the petition for compensation not later than 2 years after the effective date of the revision if the alleged injury or death occurred not more than 8 years before the effective date of the revision…” effectively means the following:

any case where the client developed GBS between 3 and 42 days after the influenza vaccine.
any case where the client developed a shoulder injury (SIRVA) within 48 hours of any vaccination on the Vaccine Injury Table that occurred after March 21, 2009, are timely brought if they are filed before March 21, 2019.
These exceptions do not apply to cases that were already filed and adjudicated on the merits.

www.gpo.gov

Not all vaccine injury cases are associated with the actual vaccine itself. Some adverse reactions are associated with the injection site. Such adverse reactions are given the title SIRVA (Shoulder Injury Related to Vaccine Administration). Not a very original name but still a real and recognized adverse reaction.

Here is a link to a recent article which provides some information on this condition. https://www.verywell.com/shoulder-pain-after-vaccine-injection-sirva-2549798.

If you believe who have suffered a SIRVA injury, please contact us and we can discuss your situation and any potential claims you may have in further detail.

Can Chronic Shoulder Pain Be Caused By a Flu Shot? SIRVA is a condition of chronic shoulder pain that is the result of incorrect vaccine administration into the shoulder.

Under the National Vaccine Injury Compensation Program (NVICP) vaccine related injuries are separated into two groups: 1) Table Injuries and 2) Non-Table Injuries. Attached is a link to what is termed "Table" vaccine injuries. Simply stated, if you or a loved one received a vaccine listed in the first column, which resulted in a diagnosed condition listed in the second column, within the time periods prescribed in third column, then in most cases, the link between the vaccine and the adverse reaction is proven.

www.hrsa.gov

Most people (including lawyers) do not know that a vaccine injury court exists. Here is a link to the United States Court of Federal Claims which holds exclusive jurisdiction on all vaccine injury claims. You can find basic information on how the program was created and what it entails.

Vaccine Claims/Office of Special Masters | US Court of Federal Claims The National Vaccine Injury Compensation Program ("Vaccine Program") comprises Part 2 of the National Childhood Vaccine Injury Act of 1986 ("Vaccine Act"). See Pub. L. No. 99-660, 100 Stat. 3755 (1986) (codified as amended at 42 U.S.C. §§ 300aa-1 to -34). The Vaccine Act became effective October 1...