If you have SIRVA from the shingles vaccine, you still may be eligible for compensation. However, you will not be eligible for compensation under the National Vaccine Injury Compensation Program (“NVICP”). The shingles vaccine is not a part of the NVICP because the shingles vaccine is not approved for children under 12 years old.
Just because the shingles vaccine is not a part of the NVICP does not mean you are completely out of luck. You will, however, have some additional hurdles to deal with because you will be forced to pursue your case as if it were a medical malpractice case. Since the vaccine itself doesn’t cause SIRVA, you will not have a case against the vaccine manufacturer but instead you will have to file a lawsuit against the entity that gave you the shot.
Most states have special rules for lawsuits involving medical malpractice. These rules literally vary on a state by state basis. In general, most of them are aimed at preventing frivolous lawsuits. Therefore, most states require that before a lawyer can file a medical malpractice lawsuit they must seek the opinion of a medical professional who practices in the same field as the potential defendant and is willing to state under oath that they believe there was some sort of medical negligence.
Feel free to contact us if you have SIRVA from the shingles vaccine or another vaccine that is not covered under the NVICP. We are more than willing to take a look at your case and let you know our thoughts and opinions. If we feel you have a good case, we will either represent you or help you find an attorney in your area who is willing to help you out.