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ARE PRE-EXISTING CONDITIONS COVERED?

Posted by Richard H. Moeller | Jul 22, 2020 | 0 Comments

Sometimes, we are contacted by a person who believes they have been injured from a vaccination but are not sure if they have a claim because they had a pre-existing condition.  For example, someone experiencing shoulder problems after a shot might tell us that they had previous treatment to the same shoulder, even prior surgery. In those circumstances, the important question is whether they had any symptoms at the time of the shot.

In 2019, in two separate Vaccine Program decisions, it was found that even where the person had pre-existing pathology of shoulder pain and treatment, but was not having any problems at the time of the shot, the persons were entitled to full compensation for their injuries.  The decisions are supported by at least two studies which discussed cases of patients who may be susceptible to shoulder problems, but were asymptomatic until provoked by trauma or other event, such as a vaccine shot. So while situations involving pre-existing conditions may be more complicated than the usual claim, they are not automatically rejected by the Vaccine Program. 

You can contact us about these and any other possible Vaccine Injury by visiting our Contact page

or using our Live Chat feature on any of our pages.  And you can learn more about the VICP and the firm's representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog. You can also email us directly at [email protected] or [email protected]

About the Author

Richard H. Moeller

Richard, a partner since 1996, has a broad practice, but practices primarily in litigated matters (vaccine injury, discrimination, & foreclosures), appellate practice, banking law, personal injury law, product liability, trial law at both the state and federal level.

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