We Are Seeing a Definitive Increase In Shoulder Injury ("SIRVA") Claims

We Are Seeing a Definitive Increase In Shoulder Injury ("SIRVA") Claims

SIRVA ("shoulder injury related to vaccine administration") is caused by an injury to the musculoskeletal structures of the shoulder - ligaments, tendons, bursa -  due to trauma from a needle entering the bursa and/or rotator cuff, resulting in an inflammatory response. The injury is typically the result of injecting too high on the shoulder. Rather than entering the muscle tissue in the portion of the shoulder between the elbow and the joint, the needle enters the joint space, resulting in a physical trauma injury to the shoulder.

Over the past 3 - 4 years, our attorneys have developed a specialty in SIRVA injury claims.  During that time, we have seen a definitive increase in the number of potential clients seeking information and representation for SIRVA injuries.  The increase could be the result of a number of factors:  an increase in the awareness of SIRVA; an increase in the number of authorized (and often under-trained) vaccine administrators and/or; an increase in vaccinations in general.  Whatever the cause, there is a growing issue of injuries caused by improperly administered vaccinations.

There is currently a pending proposal that SIRVA be added to the Vaccine Injury Table as a “table injury.” Table injuries are injuries presumed to be caused by vaccination. When a petitioner suffers a table injury, the petitioner need not prove that the vaccine caused the injury; rather it is presumed that the injury was caused by vaccination.

Although shoulder injuries have not yet been added to the Vaccine Injury Table, the National Vaccine Injury Compensation Program does treat SIRVA claims as a quasi-table injury. SIRVA claims are put in the Special Processing Unit (SPU) which is a special “fast-track” type of litigation meant to produce quicker settlements. The SPU allows some cases to be settled in just a couple months. This is a welcome change for the hundreds (if not thousands) of people who are affected by SIRVA every year.

At My Vaccine Lawyer, our national vaccine attorneys represent clients who have suffered various SIRVA injuries including bursitis, tendonitis, rotator cuff injuries and adhesive capsulitis among others. We work with our clients to ensure they receive the best treatment available and work with some of the leading orthopedic surgeons across the country to further the understanding of the science behind SIRVA injuries.