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SIRVA is about to do a disappearing act…not in reality, just in the Courts.

By February 4, 2021No Comments

Shoulder Injuries as a result of Vaccine Administration (SIRVA) make up more than sixty percent (60%) of all reported vaccine injuries under the Vaccine Injury Compensation Program.

SIRVA can cause a myriad of injuries and symptoms, anything from a rotator cuff tear to shoulder inflammation. Some of these injuries cause a patient to use their arm/shoulder less….this can result in adhesive capsulitis (frozen shoulder) requiring physical therapy and/or surgery.

So why am I writing about SIRVA right now….? Because it will disappear from the vaccine injury program on February 22, 2021. Read more of the proposed changes in the Federal Register here.

The U.S. Department of Health and Human Services’ rationale is that the Vaccine Injury program is just that, meant to compensate people who have been injured by a vaccine, not the vaccination needle itself. They also point out that these cases are overwhelming the system in the United States Court of Federal Claims, taking away valuable resources and monies that could be used for other people injured by vaccines.

However much logic exists in the Government’s argument there are some counterpoints. Primarily…thousand of people are injured by SIRVA every year from vaccinations. These folks suffer pain, lose their jobs and have permanent disabilities. The injuries are real.

Further, where are they going to go for compensation? Forcing people to sue in other courts raises the burden on an injured person, costing them attorney’s fees and expenses. And sometimes, frankly quite often, simply because someone suffers SIRVA does not mean that someone is at fault. It’s a vaccination. A nurse or other medical provider does the best they can. While mistakes can and do happen, sometimes they are unavoidable or do not rise to the level of negligence (a violation of a duty of care).

So the conclusion? At a time when all of us are rightfully encouraged to receive our COVID vaccines, it is now becoming harder to recover vaccine compensation. Justice is not being served. We can do better. Let’s pause this change and try again….

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