“I THINK I HAVE A SIRVA INJURY. DO I HAVE TO WAIT TO FILE A CLAIM?”

We have written a lot recently about persons experiencing shoulder pain after receiving a shot.  We offer help by representing people with claims in the Vaccine Injury Compensation Program (VICP).  The VICP is a federal program, which compensates persons who experience a Vaccine Injury, which occurs when a child or adult experiences certain adverse reactions after receiving one of several covered vaccinations.

One of the injuries which are entitled to compensation is “SIRVA,” a medical term which stands for Shoulder Injury Related to Vaccine Administration.  While it is frequently the result of a flu shot, it also happens when people are vaccinated for tetanus, diphtheria, pertussis, pneumonia, and other vaccines.

When we are contacted by people with SIRVA, they often tell us the shot was a few weeks ago, and they are still having problems.  They will ask us, “is now the right time to contact you?” and “what should I do if the pain does not go away?”

The answer we give is “yes, we can discuss your situation now, and if you are still having problems later, we can help you with a claim for your injury.”  The VICP generally requires that a person with a SIRVA claim actually have the shoulder pain for at least six months.  But we offer free consultation to anyone, at any time, who believes they may be suffering from SIRVA, even if it has been less than six months.  Because when a person is hurting and doesn’t know what to do, it is important that he or she at least understands what they can do.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the VICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog. You can also email me directly at RMoeller@MooreHeffernanLaw.Com

THE FLU SHOT AND SHOULDER INJURY “SIRVA”

It’s Flu Shot Season, and the CDC has recommended that nearly everyone gets vaccinated. However, the CDC also warns that on rare occasions, flu vaccination can cause serious problems, and that people who think that they have been injured by the flu shot can file a claim for compensation from the National Vaccine Injury Compensation Program. As detailed in the following news segment, vaccinations can result in shoulder injuries “SIRVA”.

We have previously illustrated this risk on our blog post  “What is a SIRVA Injury” . SIRVA which stands for Shoulder Injury Resulting From Vaccine Administration, is an injury that we have discussed with many individuals, who often come to us in shock that a Flu Shot has caused them so much pain.

What you should know if you are suffering from shoulder pain as a result from a vaccination, such as the Flu Shot, your experience is real and unfortunately not uncommon. Furthermore, your injury may be eligible for compensation.  As many attorneys and physicians are unaware of the Vaccine Injury Program, it is important that you contact an attorney experienced with vaccine injury cases, as we can provide expertise and assist you in determining if you have vaccine injury claim. Contacting us to discuss your injury is without risk, specifically, we will investigate and discuss your possible claim at no cost. We recognize that you may be hesitant to contact us regarding your claim, but in our experience it is worth it to contact us to discuss your claim, a topic we previously blogged about here and here.

If you believe you may have experienced a SIRVA injury, please reach out to us directly. My direct email is RMoeller@MooreHeffernanLaw.Com.  Nikki Nobbe, another attorney that is experienced with these cases can be contacted at NNobbe@MooreHeffernanLaw.Com.  We are both listed on the National Vaccine Injury Compensation Program website as practicing attorneys: https://www.uscfc.uscourts.gov/sites/default/files/Updated_Vaccine_Attorney_List.pdf.

You can also contact us through the Chat function on our website or here. When you contact us either Nikki or myself will reach out to you directly and as soon as possible.

IS MY CLAIM WORTH CALLING AN ATTORNEY? IS THERE REALLY NO COST?

In our last blog, we discussed how if you have suffered an injury, it is worth contacting us to discuss if you have a vaccine injury claim. In this part of our blog we discuss why it is worth both your time, and ours to investigate and pursue a vaccine injury claim.

Is contacting you regarding a vaccine claim worth my time?

While this is something we will discuss with you further and is truly only a question you can answer, after speaking with us and the identification that there is a viable claim, in our experience the resounding answer is YES.  Typically our initial phone call will take less than an hour, during that call we will ask you about your injury and tell you about the VICP and the work we can do for you. If in that conversation, it is decided that you may have a viable claim we will discuss how we investigate claims and if you would like to proceed. If so, we get information regarding your medical providers- all you need to give us is their names and we will do the rest of the work to track them down. We will then send you an agreement and ask that you sign authorization requests for your medical providers. We will incur the cost for obtaining your medical records.  After that, the ball is in our court- we do the work for you, and at no cost to you.

If we determine and recommend that a claim should be filed, we prepare all the necessary paperwork. As it is your claim, you will be asked to review and sign certain documents but we are committed to doing the work, and making it as easy as possible for you to pursue a claim.

Is it worth an attorney’s time? Is there really no cost to me?

As attorneys practicing in the VICP, we are compensated for our time from the program. In order to file a claim we have to have what is termed a “reasonable basis” to file. Meaning that, before we file a claim we must have investigated and have sufficient good faith belief that you have a claim that is worth of compensation from the program.

If after speaking with you initially, we believe you have may have a claim, we will investigate your claim, at no cost to you. If we don’t feel that we can take your case, we will tell you that as well. It is well worth your time, and ours, to discuss if you have a possible claim- and again, we will discuss the matter with you FREE of charge. You can also email me directly at nnobbe@mooreheffernanlaw.com. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

What you should expect from a vaccine injury lawyer

Richard Moeller - Vaccine Injury AttorneyIf you have found information about SIRVA, vaccine injury, and the National Vaccine Injury Compensation Program “NVICP,” you know that there are many lawyers willing to help.  And maybe you have contacted some of them.  If so, hopefully they have told you what we will tell you…

  • Yes, we offer “free consultation” meaning we will visit with you about your situation at no cost to you.
  • Yes, when you send us a message about your situation, we will read it and respond to you within a day or two, and usually within a few hours. And we will try to set up a time to visit with you as soon as possible.
  • Yes, when we get together, in person or by phone, you will be visiting directly with a lawyer who has experience in vaccine injury cases
  • Yes, we will explain how the NVICP works, and what we can do to help you.
  • Yes, we will explain that, if we file a claim for you, we will pay the necessary costs and not charge you any fees for our services. And if you are entitled to compensation, those costs and fees will NOT be paid from the amount paid to you.
  • No, we will not, and cannot charge you a contingent fee for handling your case.

 

There are several lawyers who handle vaccine injury cases, and will do a great job.  We are confident our team at Vaccine Injury Pros are among them.  You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

How Vaccine Injury Pros Handles A Vaccine Injury Claim

People fear what they don’t know. In the case of seeking legal advice, people don’t know how a lawyer is going to handle their problem and how much it is going to cost.  Terms like “free consultation” are helpful, but do not fully explain what the lawyer is going to do, and how much you can expect to pay.

When Vaccine Injury PNikki Blazey - Vaccine Injury Attornetyros is contacted by a person who believes they may have suffered a Vaccine Injury, we spend whatever time is necessary to explain the National Vaccine Injury Compensation Program (NVICP), the process involved, how long it may take, and what we do to determine if the facts support filing a claim. Our next step is to gather all of the relevant medical history involved in the person’s immunization, adverse reactions, and current condition. These include medical records from the person’s doctors, clinics, hospitals, and other providers.

Not all situations are eligible for compensation from the NVICP.  So next, we analyze those records and assess if there is a reasonable basis to believe the vaccination caused the person’s reaction, illness, or condition, and may be entitled to compensation under the NVICP. If that assessment requires additional expertise, we may consult with medical professionals with specialized knowledge.

If our determination is that the facts support making a claim, we will prepare all of the necessary documentation, file the claim, and represent you in the litigation. If it appears a valid claim cannot be made, we will explain that to you and advise you of any alternatives that may be available to you.

At all times during the process, we keep you fully informed, providing you with an explanation of our activities and findings.  And we do all of this without charging you a fee or requiring you to pay the expenses necessary to pursue the claim.  This is because the NVICP pays for that person’s lawyer, as a way to encourage them to seek compensation without incurring a financial burden. This means that if your claim is granted by NVICP, the amount of your recovery is not reduced by the fees paid to your lawyer.  Similarly, if we are required to hire an expert for consultation, or to testify in the case, we advance those fees and get reimbursed from the NVICP.

You can contact us about a possible vaccine injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible vaccine injury claims by visiting the Vaccine Injury page and other articles in our Blog.

What is a Life Care Plan under the NVICP?

For persons entitled to recover under the National Vaccine Injury Compensation Program (NVICP), payments can include past and anticipated lost income, pain and suffering, and unreimbursed medical expenses. In this last category of compensation, the Program often makes ongoing payments to the person under a Life Care Plan.

A Life Care Plan is a comprehensive assessment and explanation which sets forth an organized proposal for meeting the current and future needs for persons whose vaccine injury requires long-term or life-long health care and accommodations. It is prepared by
a medical professional with expertise in identifying and determining those needs and their associated costs, so that the person is fully compensated now and in the future.  A Life Care Plan will list in detail the needs and payments required for a person whose injury requires all kinds of assistance, such as medical devices (wheel chair vans, mobility equipment, hospital beds, supplies), home health care (nurses, aides, attendants, therapists), case management services, transportation, counseling, training, therapy, or home alterations and improvements to accommodate a disability. And because the Program requires that compensation be enough to enable the person to remain living at home, the payments will usually reflect those costs, as opposed to an alternative placement, such as a nursing home.

How can Vaccine Injury Pros help you? 

When the situation calls for it, we work with those professionals to get the best Life Care Plan possible.  As an example, for a woman permanently disabled from a flu vaccination, requiring life-long medical care, medication, therapy, devises, homemaker assistance, and other services, the Program funded a Life Care Plan paying over $619,000 throughout her expected lifetime. Similarly, for a gentleman aged 45, a Life Care Plan was designed to pay him over $1,300,000 over his expected lifespan. In another situation, a gentleman was paid $6,000 per month for up to seven years to enable him to pay the additional costs of a care facility of his choosing.

When our firm is contacted by a person who believes they may have suffered a Vaccine Injury, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim.  Also, the firm pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge. And if the claim is paid, any legal fees and costs are paid separately from the amount the person receives, so that the recovery is not reduced by legal expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog
.

What is a Vaccine Injury?

Richard Moeller - Vaccine Injury AttorneyIf you have heard of the term “Vaccine Injury” then you may be looking for information about the National Vaccine Injury Compensation Program (NVICP). The NVICP is a federal program which compensates persons who experience a Vaccine Injury, which occurs when a child or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the NVICP.

The vaccines in the NVICP go by several different names: diphtheria, pertussis, tetanus, DTaP, Tdap, DTP, P, DTP-Hib, DT, Td, TT, measles, mumps, rubella, MMR vaccine, hepatitis A vaccine, hepatitis B vaccine, Hib, varicella vaccine, chicken pox vaccine, rotavirus vaccine, pneumococcal conjugate, meningococcal, PCV vaccine, Prevnar, polio, OPV, IPV, flu vaccine, trivalent influenza vaccine, seasonal flu vaccine, human papillomavirus vaccine, HPV vaccine, Cervarix, and Gardasil. Injuries from these vaccines often include Guillain-Barré Syndrome (GBS), acute inflammatory demyelinating polyneuropathy (AIDP), motor axonal neuropathy (AMAN), Miller-Fisher syndrome, chronic inflammatory demyelinating polyneuropathy (CIDP), transverse myelitis, demyelinating disease, autoimmune disorders and diseases, immunodeficiencies, seizure disorder, epilepsy, neurologic disease, chronic fatigue syndrome, reactive arthritis, rheumatoid arthritis, acute disseminated encephalomyelitis (ADEM), thrombocytopenic purpura (ITP), encephalomyelitis, encephalopathy, anaphylaxis and anaphylactic shock, brachial neuritis, shoulder injury resulting from vaccine administration (SIRVA), granuloma, tendinopathy, adhesive capsulitis, frozen shoulder, post-injection inflammatory reaction, subacromial bursitis, bicipital tendonitis, impingement syndrome, Parsonage-Turner syndrome, and other adverse reactions.  There are other criteria which must be met for a person to be eligible under the NVICP.

Thus if a person has had one of these vaccines, and suffered one of these illnesses or conditions, they may have a Vaccine Injury and entitled to compensation from the NVICP.  Claims for compensation to the NVICP are made to the U.S. Court of Federal Claims located in Washington, D.C., by filing a petition.  Most “petitioners” are represented by lawyers. A lawyer representing a petitioner must be admitted to practice in the U.S. Court of Federal Claims.

When the firm is contacted by a person who believes he, she, or a family member may have suffered a Vaccine Injury, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim if it has a reasonable basis.  Also, the firm normally pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge. And if the claim is paid, any fees and costs are paid separately from the amount the person receives, so that the recovery is not reduced by legal expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.