SIRVA (Shoulder Injury Related to Vaccine Administration) is the result of human error. It occurs when the person administering a vaccine places the needle too high or too deep in the recipient’s arm causing the vaccine to go into the person’s bursa instead of their deltoid muscle. The type of vaccination the injured person was receiving is irrelevant since the injury has nothing to do with the vaccine itself but rather it’s placement in the arm.
Since the injury has nothing to do with the actual vaccine, but rather its administration, logic would dictate that an individual’s legal remedies would not be dependent upon what vaccine they were receiving. Unfortunately, that is not the case in the United States. In fact, an individual’s legal remedies are completely dependent upon what type of vaccine they were receiving.
Does this make sense? No. Is it fair? No. Is it the law? Yes. It is analogous to a person getting hit by a car while crossing the street and their legal rights being dependent on what type of car they were hit by. Get hit by a Ford, you can sue. Get hit by a Chevy, you’re out of luck. Get beat up by someone with a baseball bat, sue the pants off them. Get beat up by someone with a golf club, no dice.
That being said, I don’t make the laws. I just work with the ones we have and advocate to make them better. Accordingly, to help people who have SIRVA or another vaccine injury understand their rights, I thought I would provide information on what legal remedies are available to people based upon the vaccination they received.
Injured persons will fall into one of three categories: 1.) Vaccines covered under the Vaccine Injury Compensation Program (“VICP”) 2.) Vaccines covered under the Countermeasure Injury Compensation Program (“CICP”) or 3.) Vaccines that aren’t covered by the VICP or the CICP
Vaccines Covered under Vaccine Injury Compensation Program
The following vaccines are covered under the VICP:
Diphtheria (e.g., DTP, DTaP, Tdap, DT, Td, TT)
Haemophilus influenza type b polysaccharide conjugate vaccines (e.g., Hib)
Hepatitis A (e.g., HAV)
Hepatitis B (e.g., HBV)
Human papillomavirus (e.g., HPV)
Seasonal influenza (e.g., Flu)
Measles (e.g., MMR)
Mumps (e.g., MMR, MR, M)
Meningococcal (e.g., MCV4, MPSV4, MenB-FHbp, MenB-4C)
Pertussis (e.g., DTP, DTaP, Tdap)
Pneumococcal conjugate (e.g., PCV)
Polio (e.g., OPV or IPV)
Rotavirus (e.g., RV)
Rubella (e.g., MMR, MR, R)
Tetanus (e.g., Td)
Varicella (Chicken Pox) (e.g., VAR)
If you have SIRVA or another vaccine injury that was caused by one of these vaccines, you are eligible to file a VICP claim and I strongly encourage you to contact myself or another vaccine injury attorney. Under the VICP, you can recover not just your past, present, and future monetary damages but also up to $250,000.00 in pain and suffering. It is not uncommon for people to receive awards and settlements in excess of $100,000.00. Also, the VICP covers all attorneys’ fees so you receive all of the services of an attorney at no cost.
Vaccines Covered Under the Countermeasure Injury Compensation Program
The following vaccines are covered under the CICP:
COVID-19
Marburg
Ebola
Nerve Agents and Certain Insecticides (Organophophorus and/or Carbamate)
Zika
Pandemic Influenza
Anthrax
Acute Radiation Syndrome
Botulinum Toxin
Smallpox
If you’ve been injured by one of these vaccines, your only remedy is to file a claim under the CICP. Unfortunately, the CICP is not as generous as the VICP. You are not entitled to compensation for pain and suffering. The program does not pay your attorneys’ fees. Claims are rarely paid out. There is no due process. You can read an article I wrote about this at the following link: COVID-19 vaccine injuries: Change law and treat all Americans fairly (tennessean.com) That being said, these laws could change, particularly in regards to the Covid-19 vaccine. You can read more about the status of he Covid vaccine by reading my other blog posts. You can also keep up to date on any potential changes to the law by joining the Facebook group I moderate at the following link: Legal Issues Affecting People with SIRVA and vaccine injuries in the USA | Facebook or you can follow my YouTube channel Sirva Injury – YouTube
Common Vaccines Not Covered by VICP or CICP
The following vaccines are covered by neither the VICP or the CICP:
Pneumococcal polysaccharide vaccine (PPSV, PPV)
Herpes zoster (shingles)
All other vaccines
If you’ve been injured by a vaccine that is not covered under the VICP or the CICP, you are in an interesting situation. Your legal rights will heavily depend on that state in which your injury took place. Essentially, you may be able to file a lawsuit for negligence or medical malpractice. These cases have the potential to be lucrative depending on the facts of the case and the jurisdiction. If you fall into this category, I am more than happy to give you a free consultation and help you find an attorney in your local area if I believe it is a case worth pursuing.
Please feel free to contact me if you have questions about anything related to this blog post. Although I am based in Nashville, I represent individuals nationwide. I am always happy to assist individuals and try to answer their questions. Although there isn’t much I can do to help people who have been injured by the Covid vaccine at this time, I am happy to speak with you and answer any questions you have to the best of my ability. I empathize with your situation and will continue to advocate to get the law changed so you can get the compensation you deserve. You can reach me at dan@sirvainjury.com or at the numbers below.
Daniel G. Alholm
Alholm Law PC
4235 Hillsboro Road
Suite 300
Nashville, TN 37215
Office: (615) 208-5400
Cell: (773) 412-3320