To file a claim for Shoulder Injury Related to Vaccine Administration (SIRVA) with the United States Court of Federal Claims under the National Vaccine Injury Compensation Program (VICP), the injury must meet strict criteria and be supported by specific evidence. The vaccine must be one covered by the Program (such as tetanus-containing, influenza, MMR, hepatitis A or B, HPV, pneumococcal, or any vaccine routinely recommended by the CDC). The injury must involve persistent shoulder pain and limited range of motion that began within 48 hours after a vaccine intended for intramuscular injection into the deltoid, with no history of prior shoulder problems and no other condition (such as a cervical spine issue) explaining the symptoms. The pain and dysfunction must be confined to the vaccinated shoulder, last more than six months (or require surgical intervention and hospitalization), and the vaccine must have been administered in the United States (with limited exceptions for military personnel or diplomats abroad).
The petition must be filed within three years of the first symptom or sign of the injury. Claimants must submit a complete set of medical records showing pre-vaccination baseline health, the vaccination record itself, and all post-vaccination treatment records documenting the onset, course, and duration of the shoulder injury. An affidavit from the petitioner and, in non-Table cases, an expert medical report are often required. There is no filing fee, and petitioners may represent themselves or hire an attorney (attorney fees are paid by the Program even if compensation is denied, provided the claim was brought in good faith).
Once filed, the Department of Health and Human Services reviews the case, and a Special Master of the Court decides whether the statutory and Table criteria are met. Most straightforward SIRVA cases that satisfy the Vaccine Injury Table are resolved through settlement without a hearing, typically within 6-18 months. Compensation may cover past and future medical expenses, lost earnings, up to $250,000 for pain and suffering, and death benefits if applicable. Petitioners who are dissatisfied with the award may reject it and pursue a traditional civil lawsuit, though almost all accepted awards end the matter.
