Vaccines are a cornerstone of public health, protecting individuals and communities from preventable diseases. However, in rare instances, a vaccination can lead to an unexpected injury. One such injury is a shoulder injury related to vaccine administration, commonly known as SIRVA. If you’ve found yourself asking, “If I suffer a shoulder injury from a vaccine, can I make a legal claim for damages?” you’re not alone, and the answer is often yes.
SIRVA typically occurs when a vaccine is administered improperly, often too high on the arm or too deep into the shoulder joint. This can lead to inflammation and damage to the underlying structures, such as bursae, tendons, or ligaments. Symptoms of SIRVA often manifest within 48 hours of the vaccination and can include persistent and severe shoulder pain, limited range of motion, and sometimes weakness. Conditions like bursitis, tendonitis, adhesive capsulitis (frozen shoulder), and rotator cuff tears can all stem from SIRVA.
It’s important to understand that vaccine injuries are not typically handled through traditional personal injury lawsuits against the vaccine manufacturer or the healthcare provider. Instead, the U.S. government established a no-fault system called the National Vaccine Injury Compensation Program (VICP). This program, funded by an excise tax on vaccines, provides a streamlined avenue for individuals who have suffered certain vaccine-related injuries to seek compensation.
The VICP covers specific vaccines and injuries listed on its Vaccine Injury Table. SIRVA is a recognized injury under this program. If your injury isn’t explicitly listed, you may still be able to pursue a claim if you can prove that the vaccine caused your injury. Compensation through the VICP can cover medical expenses, lost wages, and pain and suffering, with a maximum recovery of $250,000 for pain and suffering.
Navigating the VICP can be complex, involving filing a petition with the U.S. Court of Federal Claims and adhering to specific rules of evidence and procedure. That’s where experienced legal representation becomes crucial. As Attorney Michael Herron emphasizes on accidenttampa.com, “Rather than having to sue a vaccine manufacturer or a medical supplier, those who suffer vaccine accidents can submit a claim for monetary damages under the vaccine injury program.”
Attorney Michael Herron, a top-rated personal injury lawyer with extensive experience in vaccine injury cases, offers a free consultation to help you understand your legal options. He notes on accidenttampa.com that his firm provides “personal one-on-one service throughout the entire legal process,” and critically, “Should you hire us, it won’t ever cost you anything — regardless of the outcome. We cover 100% of all costs of litigation.” This means your attorney’s fees are paid by the Vaccine Court, regardless of whether you win or lose, ensuring that 100% of any damages awarded go directly to you.
If you suspect you’ve suffered a shoulder injury from a vaccine, such as a flu shot, and are experiencing persistent pain or limited mobility, seeking medical evaluation is recommended. Following that, contacting a knowledgeable vaccine injury attorney like Michael Herron for a free case evaluation can clarify your rights and guide you through the process of seeking the compensation you deserve through the National Vaccine Injury Compensation Program. Don’t hesitate to reach out and get the answers you need to protect your future.
