SIRVA sufferers will find out within two years if they can file VICP claims.
On Thursday the Centers For Disease Control (CDC) recommended adding the Covid-19 vaccine to the routine vaccination schedule for children. This landmark step will certainly have a profound effect on people who have suffered from SIRVA or other vaccine related injuries stemming from the Covid-19 vaccination.
Under Federal law, the CDC must update the Vaccine Injury Table, which lists and explains injuries and conditions that are presumed to be caused by vaccines, within two years of recommending a vaccine for routine administration to children, adults, or pregnant women. In order for persons to file a claim in the Vaccine Injury Compensation Program (VICP) for vaccine related injuries, the vaccine that injured them must appear on the Vaccine Injury Table.
In sum, the CDC now has two years to add the Covid-19 vaccine to the Vaccine Injury Table making persons who are injured by the Covid-19 vaccine eligible to file VICP claims. Historically, when a vaccine has been added to the table there has been an eight year “lookback” provision whereby anyone injured by that vaccine in the eight years prior was eligible to file a claim. However, it remains to be seen whether they will allow for the lookback provision or determine that the Covid-19 vaccine is not eligible for the lookback provision beacasue it was being used under emergency use authorization. There is also no indication of what will be done for people who were injured by the Covid-19 vaccine and filed claims in the Countermeasure Injury Comensation Program.
If you have SIRVA from the Covid-19 vaccine or suspect you have some sort of other Covid-19 vaccine related injury we suggest you keep a detailed journal of your medical appointments. Keep a list of all dcotors you have seen for your injury or illness. Make sure you tell your healthcare providers at every visit about your vaccine related injury or condition. To prove SIRVA, you will need to show that your pain began withing forty-eight hours of your receipt of vaccination and lasted six months or more or required inpatient hospitalization and surgery. Make sure these things are documented.
If you have questions, you can always contact attorney Daniel Alholm at firstname.lastname@example.org or call/text him at 773.412.3320.
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