Paul Brazil
How to Prove SIRVA and Get Compensation
Paul Brazil : Apr 27, 2023 8:25:09 AM
Proving a SIRVA claim means showing that your shoulder injury was directly caused by a vaccine administration error, not another condition.
Experienced attorneys helping vaccine injury clients secure financial compensation under the National Vaccine Injury Compensation Program.
A flu shot lawsuit is not a lawsuit against a doctor or vaccine manufacturer. It’s a federal vaccine injury claim handled through the Vaccine Injury Compensation Program, a fund created by Health and Human Services to resolve legitimate vaccine injuries quickly. This program covers the flu vaccine and other covered vaccines, offering payment for medical expenses, lost wages, and future medical expenses when a vaccination error or adverse reaction causes harm.
Every year, including as of 2025, vaccine injury attorneys file hundreds of claims in the United States Court of Federal Claims, often referred to as vaccine court. These cases involve vaccine related injuries such as shoulder injury or Guillain-Barré Syndrome, both recognized on the Vaccine Injury Table. Successful vaccine injury cases can provide substantial financial compensation. With experienced legal representation, flu shot recipients who suffered injuries from routine administration can pursue full recovery at no personal cost.
Who can file a claim
Eligibility for a flu shot lawsuit depends on proof that the injury fits criteria listed on the Vaccine Injury Table. The table, maintained by Health and Human Services and the Health Resources and Services Administration, defines which vaccine injuries and timing windows qualify under the National Vaccine Injury Compensation Program. Petitioners must meet those definitions before a case can move forward in the United States Court of Federal Claims.
Eligibility checklist
To qualify under the National Vaccine Injury Compensation Program (VICP):
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The vaccine must appear on the Vaccine Injury Table as a covered vaccine.
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The vaccination must have occurred in the United States or its territories.
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Symptoms must have begun within the time window defined on the Table.
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The injury must have lasted more than six months or required surgery or hospitalization.
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The vaccine injury claim must be filed in the United States Court of Federal Claims within three years of symptom onset.
Conditions linked to the flu vaccine on the Vaccine Injury Table
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Why eligibility is critical for Flu vaccine injuries
Only vaccine recipients meeting these criteria can pursue vaccine injury compensation through the federal system. Petitions outside the time window or unrelated to the influenza vaccination are dismissed by the United States Court of Federal Claims. Once eligibility is confirmed, experienced attorneys gather medical records, calculate medical expenses, and submit the petition on the client’s behalf.
Between 2022 and 2024, federal data show that roughly half of all vaccine injury claims paid through the VICP involved the flu vaccine, primarily for SIRVA and GBS.
What evidence determines case value
Every dollar recovered in a flu shot lawsuit depends on proof. The Vaccine Injury Compensation Program only pays when a petitioner’s medical records and expert evidence demonstrate a clear link between the flu vaccine and the vaccine injury. The United States Court of Federal Claims reviews those records, not emotion or testimony, to determine how much financial compensation is owed.
Evidence that shapes compensation
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Vaccination record: verifies which covered vaccine was given, where, and when, foundational for proving causation.
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Physician notes: record the first signs of inflammation, shoulder stiffness, or limited movement following vaccine administration.
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Imaging such as MRI or ultrasound: confirms soft-tissue or joint damage consistent with a shoulder injury related to vaccine administration.
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Therapy and follow-up records: track recovery and establish future medical expenses for continued care.
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Employment and wage documentation: proves income loss and supports claims for lost wages and future lost wages.
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Pain and mobility logs: demonstrate the persistence and intensity of the adverse reaction.
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Expert medical reports: explain how the vaccine caused the injury in biological terms, critical for higher-value claims.
Complete documentation transforms symptoms into measurable loss, driving the total award for medical expenses, pain and suffering, and long-term care.
Petitioners who submit complete documentation typically receive larger awards. Verified imaging and consistent therapy records turn symptoms into measurable loss, directly influencing medical expenses, pain and suffering, and future care calculations.
Objective evidence drives value
Federal reviewers favor records that are measured: range-of-motion tests, imaging, and documented recovery progress, over subjective complaints. When those data are missing, settlements fall. Flu. shot lawsuits supported by full medical documentation consistently receive stronger consideration and higher compensation offers.
How we shape the proof
At My Vaccine Lawyer, our vaccine injury attorneys manage the entire evidence process. We work directly with your healthcare providers to ensure every record meets the standard required by the United States Court of Federal Claims. Our legal team coordinates imaging, secures wage documentation, and itemizes medical bills so that every medical expense, lost wage, and future medical expense is fully documented.
Our preparation connects each piece of evidence to a compensable category under the Vaccine Injury Compensation Program. That clarity allows us to present your vaccine injury claim as a complete, verifiable record, strengthening your position for maximum financial compensation.
Once your documentation is complete, we file the petition in vaccine court and begin the legal process with Health and Human Services. Every negotiation, medical review, and submission is handled by our experienced attorneys, from first filing through final award.
How the legal process works
Filing a flu shot lawsuit means entering the federal Vaccine Injury Compensation Program, not suing a doctor or vaccine manufacturer. Every vaccine injury claim is filed in the United States Court of Federal Claims, known as vaccine court, where our law firm handles every detail from start to finish.
The six key steps
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We file your petition.
Our vaccine injury attorneys prepare and submit your case to the U.S. Court of Federal Claims with all required medical records. -
Health and Human Services reviews your case.
Medical experts at HHS and the Services Administration evaluate the records to confirm that a vaccine related injury meets the VICP criteria. -
The Department of Justice responds.
DOJ attorneys represent the government’s side and submit a report assessing eligibility and causation. -
We negotiate settlement terms.
Our experienced attorneys handle all settlement negotiations, supported by expert reports, wage evidence, and verified medical expenses. -
A hearing may be scheduled.
If no agreement is reached, a special master in the federal court hears testimony and issues a decision. -
Compensation is awarded.
Approved petitions are paid from the federal trust fund, which covers financial compensation and often will be 6 figures.
Typical timeframe: Most cases resolve within 12–24 months, depending on the complexity of the medical review.
What compensation covers
Awards under the Vaccine Injury Compensation Program provide full recovery for verified losses. Our role is to document every category of harm and claim the complete amount allowed by law.
What the program pays for
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Pain and suffering – Non-economic damages for physical discomfort, loss of mobility, or emotional distress.
The statute caps this at $250,000. -
Past medical expenses – All treatment, imaging, therapy, and medication costs connected to the flu vaccine injury.
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Future medical expenses – Ongoing therapy, rehabilitation, or surgery costs required after settlement.
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Lost wages – Verified income loss during recovery.
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Future lost wages – Expected loss of earning capacity due to permanent limitation.
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Attorney fees and costs – Paid separately by the federal trust fund; you owe nothing for legal representation.
How compensation is funded
All awards are paid from a federal trust financed by an excise tax on each covered vaccine.
Payments never come from the vaccine company, manufacturers or healthcare providers. Funds are administered by Health and Human Services through the Health Resources and Services Administration and issued under the supervision of the United States Court of Federal Claims.
Our approach
At My Vaccine Lawyer, we build each claim to reflect the real financial impact of a vaccine related injury. Our experienced attorneys work with medical and economic experts to calculate medical bills, verify income data, and present clear evidence of every loss. This preparation allows our law firm to pursue the highest lawful financial compensation for every client.
Start your case today
If you believe your flu vaccination caused a vaccine injury, we help you file a verified vaccine claim under the Vaccine Injury Compensation Program. Our vaccine injury lawyers manage every stage of the process, from collecting medical records to presenting evidence in the United States Court of Federal Claims.
Contact us for a free consultation or no obligation consultation:
715 Twining Road, Suite 208B, Dresher, PA 19025
(800) 229-7704
📧 info@myvaccinelawyer.com
We file only vaccine injury claims, and we do it nationwide.
What qualifies for the Vaccine Injury Compensation Program?
The federal vaccine program covers verified injuries caused by vaccines recommended for routine use, including the flu vaccination. These vaccine injury claims are filed directly in federal court, not against a healthcare provider or manufacturer and reviewed by the Health and Human Services division that oversees compensation.
What if I experience adverse reactions after a flu shot?
If you experience adverse reactions such as a severe reaction or develop an autoimmune disease following a flu shot, you may be eligible to seek financial compensation through the VICP. Our vaccine injury lawyers collect your records and medical proof showing how your immune system responded to the influenza virus in the vaccine.
How are claims filed and who pays the costs?
All claims filed under the program are paid from a federal trust, not by vaccine manufacturers. We handle every filing and communication in the vaccine lawsuit process, so you can focus on recovery.
Can I still file during vaccine shortages or flu season?
Yes. Even during vaccine shortages or peak flu season, eligible petitions can be submitted.
The Vaccine Injury Compensation Program accepts filings year-round for injuries linked to covered vaccines like the flu vaccination. Our attorneys track timing closely so your case is filed within the legal deadline.
How rare are these injuries, and what compensation is available?
Rare cases of verified injury occur among hundreds of millions of vaccinations each year.
When proof supports a link between the flu vaccine and harm, the program provides financial compensation for medical expenses, lost wages, and pain and suffering.
You can start with a free consultation to learn if your case qualifies.
Meet the Author
Paul Brazil - Founding Partner
Paul Brazil is a native of Dunmore, Pennsylvania and a graduate of Dunmore High School. For his undergraduate education, he attended Bloomsburg University where he majored in political science. He then went on to earn his JD from Widener University School of Law. Following graduation from law school, Mr. Brazil worked at a large Philadelphia civil defense firm where he litigated workers’ compensation claims and Heart and Lung Act cases. In 2012, he joined with his coworker Max Muller to form Muller Brazil.
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