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Legal Update: Hope Springs Eternal For those with SIRVA Looking for Compensation in the USA

 

I have written many times about the inherent unfairness of the current system for compensating individuals who have been injured by vaccines and I have called on Congress to take legal measures to fairly compensate individuals who have SIRVA and other injuries related to the Covid-19 vaccine https://www.msn.com/en-us/news/opinion/lets-treat-americans-injured-by-the-covid-19-vaccine-fairly/ar-AAPTosw  I’ve also tried to draw attention to how ridiculous it is that the vaccine manufacturers have made billions of dollars while avoiding a paltry tax that would go towards compensating those with vaccine injuries https://www.msn.com/en-us/money/markets/congress-needs-to-support-injured-americans-not-the-vaccine-manufacturers-opinion/ar-AAUVSpl

Although there is a long way to go, I am happy to report that a bill entitled the “Countermeasure Injury Compensation Fund Amendment Act” has been introduced https://www.congress.gov/bill/117th-congress/senate-bill/3810/text  (For those who want the cliff notes version here is a good summary of it https://www.lee.senate.gov/services/files/85A66136-BB49-45D7-BEAB-D5A4E2E0EC65

If this bill is passed, it would essentially provide Americans who have been injured by the Covid-19 vaccine the same recourse that is provided to individuals with injuries that are eligible under the national Vaccine Injury Compensation Program (VICP). Importantly, it would allow people who have claims currently filed under the Countermeasure Injury Compensation Program (CICP) to re-file their claims under the current guidelines. It would also allow individuals who have received compensation under the CICP to submit a subsequent application under the new guidelines. The bill would also establish a Covid-19 Vaccine Commission tasked with identifying Covid-19 related injuries for purposes of having those injuries included for potential compensation.

I’d also like to make some observations about that status of people who have been injured by the shingles, pneumonia, and other non-covid vaccines that are not covered by the VICP. I tend to find these people fall into a grey area where they struggle to find legal representation. I find that VICP focused attorneys are not interested in the cases because they do not fall into the VICP program and non-VICP attorneys are skeptical of them because they involve vaccine injuries. That does not mean that you are not able to receive compensation and you shouldn’t give up. You just need to find the right attorney to help you. Since these cases will fall under the jurisdiction of the state in which you received the vaccine, the laws will be differ on a case-to-case basis and if a lawsuit ultimately has to be filed you will need an attorney licensed in the state where the injury occurred. That being said, I am more than happy to try to help you resolve your case without having to file suit and also assist you in finding an attorney in your state if you ultimately do have to file a suit.

Finally, if you’ve been injured by the flu vaccine or another vaccine covered by the VICP you should be aware that the vaccine court is logjammed. In the final two months of 2021 they received more claims than they typically receive in an entire year, and it does not appear that things are slowing down. If you do have an injury that is covered by the VICP and you intend on filing a claim, I suggest you contact a vaccine injury attorney sooner as opposed to later. Even if you have not reached the six-month post vaccination point I would still reach out to get the process started so that your claim can get in the queue to be reviewed as soon as possible.

As always, if you have any questions feel free to e-mail me at dan@sirvainjury.com or call or text me at 773.412.3320 and I will do all I can to help you. You can also checkout my Facebook Group and YouTube channel. There are links to them both on my website www.sirvainjury.com

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