Kaye and Bush Settles SIRVA Vaccine Injury Claim
by: Mari Bush on
KAYE AND BUSH, LLC successfully settled a claim on behalf of a Colorado woman who sustained serious injury from the administration of a seasonal flu vaccination. Our client experienced lengthy pain and restricted movement from the vaccination due to the injection itself.
The National Vaccine Injury Compensation Program (“Vaccine Program”) was established to provide compensation to those injured from the administration of certain immunizations, primarily childhood vaccines. The Vaccine Program is set forth in 42 U.S.C. 300aa-1 et seq.
Effective February 21, 2017, the “Vaccine Injury Table” at 42 U.S.C. 300-14, the Vaccine Program added “Shoulder Injury Related to Vaccine Administration” (SIRVA) as a compensable injury for the following immunizations: vaccines containing Tetanus toxoid, such ad DTap, DTP, Td or TT); Measles, Mumps and Rubella; Polio; Haemophilus influenza type b; Varicella; Pneumococcal conjugate ; Hepatitis A; Seasonal flu; Meningococcal; Human papilloma virus.
SIRVA involves musculoskeletal shoulder injuries at the site of the injection. These injuries ---- pain and restricted range of motion--- are more than a transient nuisance. SIRVA injuries can persist for months and years, but start within 48 hours or so of the actual vaccination. Among other things, the Vaccine Program takes into account the claimant’s prior history and whether the shoulder injury can be explained by another condition.
The SIRVA settlement for our client included payments for pain and suffering and out-of-pocket health expenses arising from the SIRVA.
Mari Bush at Kaye and Bush, LLC has been handling claims under the Vaccine Program since 1990. The firm is delighted it was able to represent this deserving woman who suffered SIRVA from her flu vaccination.