Suffering a shoulder injury related to a recent vaccine can be scary and confusing. It’s essential to understand your legal options and consider filing a claim to pursue fair compensation. Knowing about SIRVA settlement amounts is one excellent step toward creating a plan for the future.
What Is SIRVA?
Before diving in, we should clearly define SIRVA. SIRVA stands for “shoulder injury related to vaccine administration.” In other words, it’s a shoulder injury some individuals may suffer after getting a flu shot or other vaccination.
Vaccine-related injuries are not uncommon. While the Centers for Disease Control and Prevention (CDC) and Federal Drug Administration (FDA) work tirelessly to make the flu shot and other vaccines safe, not everyone can avoid SIRVA. Severe pain sometimes occurs following vaccine administration, leaving patients with significant medical concerns.
The U.S. government created the National Vaccine Injury Compensation Program (VICP) in 1986 to assist victims of improperly or ill-advisedly administered vaccination. Some people have an adverse reaction to the flu shot and other vaccines, resulting in:
- Shoulder injuries
- Arm pain
- Difficulty walking
What Vaccinations Cause SIRVA?
Many different types of vaccines can lead to SIRVA. Additionally, vaccination may cause or perpetuate severe health conditions, such as Guillain-Barre Syndrome and transverse myelitis. If you’ve experienced a SIRVA injury soon after getting one of these vaccines, you could be eligible for compensation:
This is by no means an exhaustive list of every potential SIRVA-inducing vaccine. However, these are the common culprits. Millions of people in the U.S. get the flu shot every year, making it one of the most likely causes of shoulder pain, arm pain, Guillain-Barre Syndrome, and impingement syndrome.
What Is the Maximum Compensation You Can Get From a SIRVA Settlement?
If you’re pursuing a SIRVA settlement, you might wonder, “How much compensation can I receive?” According to the VICP, you could receive up to $250,000 in compensation for non-economic damages like pain and suffering. However, you could receive more compensation for economic damages like medical expenses and lost wages.
What Is the Average Settlement for a Shoulder Injury Related to Vaccine Administration?
Every year, patients suffering from SIRVA receive millions of dollars in compensation. At Sadaka Law, we’ve helped many clients successfully pursue a settlement and get financial assistance for vaccine-related damages. Settlement amounts have ranged from $50,447 to $125,000.
What Factors Contribute to the Total Amount of SIRVA Compensation?
As you can see, SIRVA compensation amounts can vary from case to case by thousands of dollars. Depending on the vaccine court and the situation, some people receive more than others. The total value of your SIRVA case will rely on several factors, including the following:
- The severity of your shoulder injuries
- The number of other SIRVA cases
- The length of time you sustained your injury
- Financial difficulties your injury caused
How Does the SIRVA Settlement Process Work?
The SIRVA legal process across the United States is relatively simple. However, you’ll want to have an experienced vaccine injury attorney by your side to provide guidance and defend your legal rights. These lawyers have experience with SIRVA cases and know all the ins and outs of the court system.
In general, the settlement process involves the following steps:
- Building your case with proper medical documentation (vaccine records, injury records, treatment records, etc.)
- Filing with the United States Court of Federal Claims
- Waiting for the U.S. Department of Health and Human Services to review the petition
- Receiving appropriate compensation from the VICP according to economic and non-economic damages
If the DHHS rejects your case during the review process, you may take your petition to trial. Ideally, you’ll be able to settle outside of court. This might be the best option if an injured party can’t get funding initially.
How Long Does It Take To Get Your Compensation?
We all wish filing a claim and reaching a fair settlement could happen overnight, but that’s not a realistic expectation. SIRVA cases can take varying lengths of time depending on the circumstances, available documentation, evidence, and other factors. However, you can generally expect the process to take one to two years.
A SIRVA case may take longer to resolve if you can’t reach a settlement and bring it to vaccine court. In that scenario, you can expect the process to take at least three to four years. You’ll want to hire experienced vaccine injury lawyers like those at Sadaka Law to ensure your vaccine injury claims get resolved as quickly as possible.
How To Speed Up the Shoulder Injury Settlement Process
To speed up the process of your SIRVA settlement claim, make sure you’re aware of all deadlines and take a proactive approach to the negotiations. The first step is to be assertive about filing a claim. If you received a flu shot and a doctor subsequently diagnosed you with adhesive capsulitis (frozen shoulder), get in touch with a lawyer who can help you determine whether or not this would be beneficial.
You’ll want to act fast when filing a vaccine injury claim. The VICP has a strict three-year deadline by which you must submit your petition and pursue compensation. The sooner you visit medical professionals and discuss options with a trusted attorney, the sooner you can reach a settlement.
What Are Some Ways To Increase Your Chance of Getting Compensation?
Compensation isn’t a guarantee if you suffer SIRVA injuries after getting a flu shot or tetanus vaccine. It may be tough to prove the link, resulting in little to no funding from federal programs. However, you can take the following steps to increase your chances of getting compensation.
1. Filing Your Claim Quickly
Acting fast is an excellent way to increase your chances of getting compensated. Because of the three-year VICP deadline, you don’t want to wait to file your claim. The longer you wait, the more challenging it may be to trace your shoulder injuries to a specific vaccine.
2. Organizing Your Documentation
You should also keep track of and properly organize all the relevant documentation for your case. Make sure you hold on to medical records that show your vaccination date, what your adverse reactions were afterward (for example, adhesive capsulitis or frozen shoulder), how long the symptoms lasted, and what medical care you underwent. Also, maintain a copy of your medical bills and other expenses.
3. Hiring a Vaccine Injury Lawyer
The best way involves getting the right vaccine injury lawyer. While you may have general knowledge about filing claims, an attorney has the education and resources to help with the following:
- Evaluating the SIRVA case
- Gathering evidence to support the claim
- Collecting all the relevant documentation
- Filing the injured party’s claim
- Helping get a fair settlement
Are you wondering about your potential SIRVA settlement amounts in New York or New Jersey? At Sadaka Law, our vaccine injury attorneys can help you survey your options and pursue appropriate compensation. Contact our New York or New Jersey offices to schedule a consultation today.
