If you get SIRVA from the flu vaccine you can file a Vaccine Injury Compensation Program (“VICP”) claim. If you get injured by the Covid-19 vaccine you cannot file a VICP claim. So, what if you get both a flu (or other vaccine covered under the VICP) and a Covid-19 vaccine on the same day in the same arm and you end up with SIRVA? Believe it or not, this is a pretty common occurrence.
Although the Centers for Disease Control (“CDC”) recommends getting the vaccines in separate arms, there is not a clear-cut consensus on it. The Atlantic wrote an article that discusses several different health care providers positions on the topic which can be found here: A Vaccine in Each Arm Could Be a Painful Mistake – The Atlantic
Fortunately, the answer is YES you may file a claim in the VICP if you received a covered shot, such as the flu, and an uncovered shot, such as Covid-19, in the same arm at the same time. The reason behind this is that getting SIRVA from the flu vaccine is what is considered a Table Injury under the VICP. If an individual has a Table Injury, it is presumed to be valid and compensable unless it can be proven otherwise. So, a person doesn’t have to prove that it was the flu vaccine and not the Covid-19 vaccine that injured them. Rather, the government would have to prove it was the Covid-19 and not the flu shot that caused the injury. This is what is referred to in the law as the burden of proof. The burden of proof is on the government to prove it wasn’t the flu shot that caused the injury. Realistically, that is a very hard thing to do and under most circumstances the government won’t have a basis for an argument and therefore the injured person’s claim will move forward.
You can learn more about Table Injuries by clicking here: Covered Vaccines | HRSA
If you have any questions about this or any other vaccine injury related issues, feel free to contact me at firstname.lastname@example.org or you can call/text me at 773.412.3320 or visit my website at www.sirvainjury.com you can also join my Facebook Group Legal Issues Affecting People with SIRVA and vaccine injuries in the USA https://www.facebook.com/groups/367223891511939
Daniel Alholm is a vaccine injury attorney who represents clients nationwide.