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Effect of FDA Approval on SIRVA Claim?

Does FDA approval of the Pfizer vaccine open the door for Covid-19 vaccine related SIRVA claims to be covered under the Vaccine Injury Compensation Program (VICP)?

In recent days, the Pfizer vaccine received FDA approval for all people age sixteen and up. Although this is an important and notable step, it does not mean that SIRVA injuries from the Covid-19 vaccine are now covered under the VICP. However, the fact that the vaccine received FDA approval is good news on many levels. First and foremost, it is just one more piece of evidence that the vaccine is safe. Second, FDA approval seems like an early step in the natural progression of the Covid vaccine and Covid-19 vaccine SIRVA injuries being covered by VICP. Currently, one of the criteria for a vaccine to covered under VICP is that the vaccine must be approved for children under twelve. Right now, there is a lot of research going on to determine how young kids can be to get the vaccine and at what dosage is the vaccine effective. Since children have such strong immune systems, they are finding that kids do not need to receive as large of a vaccine dose as adults for the vaccine to be effective.

The Vaccine Injury Compensation Act is still, in my opinion, the best chance for the Covid-19 vaccine and Covid-19 related SIRVA injuries to be added to the VICP. However, it seems more likely that piece of legislation is more likely to get passed as booster shot vaccines are encouraged and it appears the Covid-19 vaccine could become seasonal similar to the flu vaccine.

We will continue to keep you posted on any developments effecting vaccine law and vaccine injuries including SIRVA. If you have any questions, you are always fee to contact us.

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