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SIRVA WILL CONTINUE TO BE A COVERED VACCINE INJURY

Posted by Richard H. Moeller | Apr 23, 2021 | 0 Comments

For the last year, administrators with the U.S. Department of Health and Human Services have been working to badly curtail the rights of persons suffering a common vaccine-related injury, by amending the Vaccine Injury Table (Table) for claims made to the National Vaccine Injury Compensation Program (VICP).  Thanks to the efforts of opponents to that action, the Department recently reversed itself and will not make any changes that would have removed from coverage Shoulder Injuries Resulting from Vaccine Administration, or SIRVA.

The action is welcomed news to the public who receive flu and other shots by the hundreds of thousands every day.   It is also a continuation of the protection for the doctors, nurses, clinics, pharmacies, and other health care providers who administer the shots, who would otherwise have been subject to liability when a person suffers a SIRVA.  The recent action, which took place on April 21, 2021, means that not only are SIRVA injuries still covered by the VICP, but they will also remain as Table Injuries.  This means that as long as a person's shoulder injury following a shot meets certain criteria, they can more easily become eligible for compensation.  Another less common injury, vasovagal syncope (loss of consciousness or fainting), will also stay on the Table.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm's representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

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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