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6 min read

How to Prove SIRVA and Get Compensation

If you have been diagnosed with a SIRVA (Shoulder Injury Related to Vaccine Administration) injury, you may wonder how to prove your injury and obtain compensation. Proving SIRVA can be challenging, as it requires a thorough understanding of the medical and legal issues involved.

My Vaccine Lawyer has a team of experienced attorneys specializing in vaccine injury claims, including SIRVA. We help guide you through the complex legal process and gather the necessary evidence to prove your injury and pursue the compensation you deserve. We will discuss how to prove SIRVA and provide insights into the compensation process.

Key takeaways?

  • SIRVA (Shoulder Injury Related to Vaccine Administration) can occur after receiving certain vaccines and may lead to severe pain and limited range of motion in the affected shoulder.
  • Symptoms of SIRVA include shoulder pain, limited range of motion, swelling, weakness, and numbness or tingling in the arm or hand.
  • Seeking prompt medical attention is important if you experience symptoms of SIRVA after a vaccine injection.
  • Compensation for SIRVA injuries may be pursued through the National Vaccine Injury Compensation Program (VICP) with the assistance of experienced attorneys specializing in vaccine injury claims.

What is SIRVA?

SIRVA, also known as Shoulder Injury Related to Vaccine Administration, is a potential adverse event that can occur after receiving certain vaccines, such as the influenza vaccine or vaccines for diphtheria, tetanus, and pertussis.

SIRVA is caused by an incorrect injection technique, which damages the shoulder's surrounding tissues, including tendons, ligaments, and bursae. This can lead to severe pain and limited range of motion, with symptoms lasting for weeks or months.

While SIRVA is a rare complication, healthcare providers should be knowledgeable about the condition and administer vaccines properly to minimize the risk of shoulder injuries. After receiving a vaccine, individuals who experience shoulder pain or other symptoms should seek immediate medical attention.

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What are the symptoms?

The symptoms of SIRVA typically involve pain and a limited range of motion in the affected shoulder. Some of the specific symptoms that may be experienced include: 

Pain in the affected shoulder: SIRVA can cause pain at the injection site. The pain can vary in intensity and may be described as a sharp, shooting, or dull ache. The pain may also radiate to other areas of the shoulder or down the arm.

Limited range of motion: SIRVA can make it difficult to move the affected arm freely. You may experience stiffness in the shoulder joint, making it hard to raise your arm, lift objects, or perform other movements.

Swelling: In some cases, SIRVA can cause swelling or inflammation in the shoulder area. This can result in discomfort or tenderness when touching the affected area.

Weakness: SIRVA may also cause weakness in the affected arm or shoulder. This can impact your ability to perform everyday activities, such as carrying objects or performing household chores.

Numbness or tingling: Rarely, SIRVA can cause numbness or tingling sensations in the affected arm or hand. This may be a sign of nerve damage and requires immediate medical attention.

Is SIRVA permanent?

SIRVA (Shoulder Injury Related to Vaccine Administration) is typically not permanent; most individuals who experience it will recover fully with appropriate treatment. However, in rare cases, SIRVA can cause long-term complications that may persist for months or even years.

The duration and severity of SIRVA symptoms can vary from person to person and depend on the extent of the injury. While some may experience mild symptoms that resolve independently, others may require more aggressive treatment, such as physical therapy, corticosteroid injections, or surgery.

Although rare, SIRVA can permanently damage the shoulder joint, resulting in chronic pain, limited range of motion, and disability. Nonetheless, most individuals with SIRVA recover fully with proper medical care and follow-up.

For more information about the permanency of SIRVA, follow our handy information guide.

If you experience shoulder pain or other symptoms after receiving a vaccine, it's necessary to seek medical attention promptly to ensure timely diagnosis and treatment. Early intervention can help minimize the risk of long-term complications and promote a faster recovery.

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How do I get compensation for my SIRVA injury?

If you suspect that you have developed SIRVA due to a vaccine, you may be eligible for compensation through the National Vaccine Injury Compensation Program (VICP).

The VICP is a federal program that compensates individuals who have suffered vaccine-related injuries. To be eligible for compensation, you must have received a covered vaccine and developed a qualifying injury within a specific time frame.

To file a claim with the VICP for a SIRVA injury, you must submit a petition and supporting documentation, such as medical records and evidence of vaccine administration. The VICP will then review your claim and determine whether you are eligible for compensation.

However, filing a claim with the VICP can be complex and challenging. Therefore, working with an experienced attorney specializing in vaccine injuries is important. Our attorneys can help you: 

  • Gather the necessary documentation
  • Advocate on your behalf 
  • Deal with the legal complexities of the process

If you believe you have a SIRVA injury and are interested in pursuing compensation through the VICP, you should contact one of our qualified SIRVA attorneys, who can guide you through the process and help you understand your legal options.

Types of compensation for shoulder injury related to vaccine administration (SIRVA)

In cases of Shoulder Injury Related to Vaccine Administration (SIRVA), an attorney has the expertise and legal proficiency required to gather evidence. They then create a persuasive case to attain a range of compensatory damages for the affected individual.These compensations may encompass medical costs, lost earnings, pain, suffering, and any other pertinent financial losses incurred due to the injury:

Medical Expenses: SIRVA injuries can lead to conditions such as bursitis, shoulder impingement,tendonitis or rotator cuff tears, requiring treatments like physical therapy, surgery, and pain management. An attorney can seek compensation for current and future medical expenses necessary for your recovery.

Lost Earning Capacity: If your shoulder injury affects your ability to work in the future, your claim should include compensation for lost earning capacity.

Lost Wages: Sustaining a SIRVA injury may result in missed work, sick leave, or even job loss, leading to financial losses. An attorney can help you recover compensation for these lost wages.

Pain and Suffering: SIRVA injuries often cause severe and ongoing shoulder pain, deserving compensation for the physical suffering endured due to the vaccine-related injury.

Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities you once enjoyed, you may be entitled to compensation for the loss of enjoyment of life.

Loss of Companionship: Your shoulder injury may impact your ability to interact with loved ones as before, warranting compensation for the strain on relationships.

Seek immediate medical attention if you experience severe shoulder pain or limited range of motion after a vaccine injection.

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What is the average settlement for SIRVA?

Determining the average settlement amount for SIRVA cases can be challenging due to the factors involved. The compensation awarded for SIRVA can range from a few thousand dollars to over a million dollars, depending on the severity of the injury, the duration of the condition, and other relevant factors.

The National Vaccine Injury Compensation Program (VICP) compensates individuals who have suffered vaccine-related injuries, including SIRVA. The VICP evaluates each case based on various factors to determine the amount of compensation awarded, including: 

  • lost income
  • medical expenses
  • pain and suffering
  • other emotional impact

Read about this successful claim from our very own Max Muller!

Proving your SIRVA case

As the injured party in a SIRVA case, showing proof for each aspect of your claim under the vaccine injury compensation program is important. If you seek damages for pain and suffering resulting from a shoulder injury, you must show that a healthcare professional's negligence contributed to your prolonged discomfort.

Here are several types of documentation an attorney may use to prove your pain and suffering:

Medical Bills: Records of expenses incurred for medical treatments related to your shoulder injury.

Diagnosis Report: Documentation confirming the diagnosis of your shoulder injury.

Psychiatric Records: If applicable, reports detailing any psychological impacts of your shoulder injury.

Images of Your Injuries: Visual evidence such as X-rays or MRI scans illustrating the extent of your shoulder injury.

Treatment Records: Documentation outlining the treatments received for your shoulder injury, including physical therapy or corticosteroid injections.

Specialist Report: Reports from medical specialists providing insight into the nature and severity of your shoulder injury.

Expert Testimony: Testimony from medical experts offering professional opinions on the causation and impact of your shoulder injury.

Evidence and expert support are necessary for building a strong case in your SIRVA claim. Consultation with knowledgeable attorneys, like those at My Vaccine Lawyer, can provide valuable guidance and assistance throughout the legal process.

How long do SIRVA cases take to settle?

The timeline for settling a SIRVA case can vary depending on several factors, including the complexity of the case and the strength of the evidence. It typically takes several months to a year or more to settle a SIRVA case.

The process of settling a SIRVA case usually involves filing a petition with the National Vaccine Injury Compensation Program (VICP), gathering evidence, and negotiating a settlement with the VICP or the vaccine manufacturer. The parties may need to participate in a hearing or mediation to resolve the case. If no settlement is reached, the case may need to go to trial.

My Vaccine Lawyer has created an informative breakdown of how long a SIRVA case takes to settle.

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Find out if you have a SIRVA claim today

If you or a loved one has suffered a SIRVA (Shoulder Injury Related to Vaccine Administration) injury, the experienced vaccine injury attorneys at My Vaccine Lawyer can assist you in obtaining the compensation you need to move forward with your life.

Contact us today to schedule a free consultation. Our top priority is to offer exceptional legal assistance and individualized support to all our clients.

 

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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