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HHS Terminates Effort to Limit VICP Coverage for SIRVA

Last year, the U.S. Department of Health and Human Services (HHS) began implementing measures that would have removed shoulder injuries related to vaccine administration (SIRVA) from the Vaccine Injury Table. The Vaccine Injury Table lists vaccine-related medical conditions that are eligible for compensation under the National Vaccine Compensation Program (VICP) without specific proof of causation. VICP claims involving “on-table” injuries require far fewer government resources and provide eligible claimants with faster access to compensation—so having SIRVA listed on the Vaccine Injury Table is a big deal.

Fortunately, HHS terminated its efforts to limit VICP coverage for SIRVA in March of 2021. This is particularly important because shoulder injuries related to vaccine administration currently account for more than 60 percent of all VICP claims. While HHS’ measures would not have eliminated coverage for SIRVA entirely, they would have made it far more difficult for eligible vaccine recipients to receive compensation and would have significantly increased the timeline for pursuing a successful claim.

Are You Eligible for Compensation Under the VICP Due to SIRVA?

The eligibility criteria for seeking compensation under the VICP are fairly straightforward. You may be eligible for SIRVA compensation under the VICP if:

1. Your SIRVA Resulted from a Covered Vaccine

The VICP provides compensation for SIRVA resulting from most CDC-recommended vaccinations. Under the VICP, covered vaccinations include:

• Diphtheria, tetanus and pertussis
• Haemophilus influenzae type b (Hib)
• Hepatitis A
• Hepatitis B
• Human papillomavirus (HPV)
• Measles, mumps and rubella
• Meningococcal
• Pneumococcal
• Polio
• Rotavirus
• Seasonal influenza
• Varicella (chickenpox)

These are all of the vaccines listed on the VICP’s Vaccine Injury Table. If your vaccine does not appear on this list, you may still be eligible for compensation (although the COVID-19 vaccines currently are not covered), but you will need additional proof to establish your right to payment.

2. Your Symptoms Onset Within 48 Hours of Vaccination

To qualify as an “on table” injury, the symptoms of SIRVA must onset within 48 hours of vaccination. This includes common symptoms such as shoulder pain, limited mobility, stiffness and inflammation.

3. You Received Your Vaccination Less Than Three Years Ago

The VICP has a three-year statute of limitations. As a result, as long as you received your vaccination within the past three years, you are still eligible to file a VICP claim.

However, while the eligibility criteria are pretty straightforward, proving that you are entitled to compensation can present some challenges. As a result, it is strongly recommended that you work with an experienced vaccine injury attorney. Since the VICP pays claimants’ legal fees separately from their compensation, it costs nothing to hire an experienced attorney to represent you.

Request a Free Consultation with Vaccine Injury Attorney Leah V. Durant

Do you have questions about seeking financial compensation for a shoulder injury related to vaccine administration (SIRVA)? If so, we encourage you to schedule a free, no-obligation consultation at the Law Offices of Leah V. Durant PLLC. To discuss your situation with vaccine injury attorney Leah V. Durant in confidence, please call 202-800-1711 or inquire online today.

Leah Durant Bio

Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.