Vaccine Lawyer

Tag: SIRVA

  • The Vaccine Injury Table to Include Shoulder Injury Will Eradicate a ‘Trump Era” Rule

    The Vaccine Injury Table to Include Shoulder Injury Will Eradicate a ‘Trump Era” Rule

    On April 22, 2021, the National Vaccine Injury Compensation Program (VICP) reversed a rule set by the Trump administration back in January 2021. A shoulder injury is now included on the Vaccine Injury Compensation Table. The most common vaccine injury cases C&J secures are shoulder injuries. The only three (3) attorneys in the state of Utah certified in Vaccine Injury Law and they all work at C&J. Dave Richards, Tanner Lenart & Jeffrey Enquist are experienced lawyers and handle vaccine injury cases at no cost to you. Anyone who has received a covered vaccine and was injured by a vaccine can file a petition. For more information on the firm’s vaccine injury service, please call 801-323-5000.

     

    The Department of Health and Human Services Federal Register states, “This action rescinds in its entirety the rule entitled “National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table,” published in the Federal Register on January 21, 2021 (January 21, 2021, Final Rule).”

    Details on the reversed rule:

    The National Vaccine Injury Compensation Program: Rescission of Revisions to the Vaccine Injury Table Final Rule, which was published in the Federal Register on April 22, 2021, rescinds in its entirety the rule entitled “National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table,” published in the Federal Register on January 21, 2021 (January 21, 2021 Final Rule). As of April 22, 2021, the January 21, 2021 Final Rule is withdrawn.

     

  • Vaccine Injury Table updated to include GBS and SIRVA

    Vaccine Injury Table updated to include GBS and SIRVA

    The Vaccine Injury Table is a chart that outlines vaccines and possible vaccine injuries that are recognized as compensable cases by the Vaccine Injury Compensation Program (VICP). While injuries not listed on the table may also be compensated, if an injury fits within the parameters outlined in the table, the burden shifts to the government to prove that the vaccine did not cause the injury. These “table cases” are often easier to prove in Court.

    As of late 2016, two common injuries, Guillain-Barre Syndrome (“GBS”) and SIRVA (“Shoulder Injury Resulting from Vaccine Administration”), were not listed on the table, although these cases have been compensated for years.

    However, due to the publication of various uncontroverted medical literature establishing the legitimacy of these vaccine-related injuries, a recent amendment has been made by the Centers for Disease Control (“CDC”) to the table to include SIRVA and GBS (as a result of the seasonal influenza vaccination). This means that certain SIRVA and GBS cases that fit within the parameters of the table may be streamlined through the program and easier to prove in Court.

    According to the meeting minutes from the CDC “SIRVA is thought to result from the unintentional injection of a vaccine into the tissues and structures that lie underneath the deltoid muscle of the shoulder. The IOM reviewed the scientific and medical literature, and found that the evidence convincingly supported a causal relationship between vaccine administration and what they referred to as “deltoid bursitis.”

    If you or a loved one has suffered from SIRVA or GBS as a result of a vaccination, please contact us immediately for a free consultation. Our attorneys have successfully litigated hundreds of SIRVA and GBS cases in the VICP.  The Program pays for attorney’s fees and costs so there is no financial burden on the client. We look forward to hearing from you!