INCREASING AWARENESS OF “SIRVA” INJURY

It still happens.  When we are contacted by someone who are experiencing shoulder problems after a flu shot, they often tell us that they had no idea the two could be connected.  They are surprised to learn that they are not alone, that there is even a term for it—SIRVA—recognized by the federal Department of Health and Human Services.  It stands for Shoulder Injury Related to Vaccine Administration, and can also be caused by other vaccinations, such as a tetanus shot.

Fortunately, awareness of SIRVA is growing, including local news broadcasts.  Some of these feature stories attribute the rise in SIRVA injuries to improper administration.  However, it is important to know that persons making claims for SIRVA to the National Vaccine Injury Compensation Program (VICP) are generally not required to prove the shot was administered incorrectly.  This is because if the shoulder pain starts within 48 hours of the shot, the VICP presumes it was caused by vaccination, regardless of how the shot was given.

You can contact us about SIRVA or another possible Vaccine Injury by visiting our Contact page or using our Live Chat feature on any of our pages.  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 us directly at RMoeller@MooreHeffernanLaw.Com or NNobbe@MooreHeffernanLaw.Com.

Proposed Changes to Add the Category of Vaccines Recommended for Pregnant Women to the Vaccine Injury Table

There may be some good news coming to pregnant women who have suffered adverse reactions to certain vaccines. The Secretary of the Department of Health and Human Services has proposed amending the National Vaccine Injury Compensation Program (NVICP) Vaccine Injury Table  to include vaccines recommended by the Center for Disease Control and Prevention (CDC) for routine administration in pregnant women.

The CDC has long recommended that pregnant women receive a whooping cough vaccine and flu shot during each pregnancy. More specifically, the CDC recommends the Tetanus, Diphtheria, and Pertussis (Tdap) vaccine and the Influenza (Inactivated) (IIV) vaccine. In certain circumstances, the CDC recommends that pregnant women receive other vaccines before, during, or after pregnancy.

The Vaccine Injury Table currently lists all vaccines covered by the NVICP and their associated injuries. If this amendment is approved, the Vaccine Injury Table will be expanded to include any vaccines that the CDC recommends for pregnant women, not just those now on the Table. This expansion will make it easier for pregnant women who suffer an injury from one of the recommended vaccines to receive compensation.

How can Vaccine Injury Pros help you?

You can contact us about a possible Vaccine Injury  by visiting our Contact page or using the Live Chat feature on any of our pages. And you can learn more about the Program and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.


SETTING THE RECORD STRAIGHT ABOUT YOUR VACCINE INJURY

Richard Moeller - Vaccine Injury AttorneyThere have been feature stories recently on the morning shows, nightly news programs, USA Today, Facebook and others, on efforts to reduce misinformation from anti-vaxx posts. These should not be confused with a Vaccine Injury and those offering help to people who have suffered an adverse reaction to a vaccine.

The National Vaccine Injury Compensation Program has been in place for over 30 years for persons who experience a Vaccine Injury, which occurs when a child or adult experiences certain adverse reactions after receiving one of the covered vaccines. The federal Health Resources and Services Administration, whose mission is to improve health and access to quality services for all Americans, administers the Program.

The Program is not against vaccinations. To the contrary, it exists because Congress wants to encourage them, while at the same time recognizing that, although rare, side effects to the flu shot and other commonly received vaccines are real. Congress also intended that there be wide spread awareness of the Program, along with easy and affordable access to making a claim. To achieve that purpose, a person can pursue a claim with the help of a lawyer, whose fees—if there is a reasonable basis for the claim—are paid by the Program.

How can Vaccine Injury Pros help you?

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

“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.

IS MY INJURY WORTH FILING A CLAIM?

Is filing a Vaccine Injury Claim worth it?  This is a question we have been asked by many prospective clients, and most often the answer is YES, and this is not because we are trying to “sell” you that we are the best attorneys to pursue your claim. While we would greatly appreciate the opportunity to work with you, as attorneys we got into the field of law to help people and that is why we are vocal about National Vaccine Injury Compensation Program (VICP).

Often our clients come to us and feel that they are not “toughing it out” or are “complaining” by speaking to us. Routinely, we hear that potential clients don’t want to be “sue happy” and wonder “Is my injury really worth calling about or pursuing?”  While we appreciate the thoughtfulness of potential clients the fact is, if you believe have suffered an injury as a result of a vaccination, looking into if you are entitled to compensation is absolutely worth it.

In this blog we will address why the program was established and why, even if you believe your injury is minimal, it is worth contacting us to investigate your claim. Next week, we will discuss how it is worth both your time, and an experienced VICP attorney’s to investigate your claim.

 

The program was established for a reason…

The National Vaccine Injury Compensation “VICP” was established upon Congress recognizing that while vaccines have prevented thousands, likely millions, of people from suffering and falling ill from Measles, Influenza, Hepatitis and other illnesses, the administration of vaccines is not without risk. Simply put, our government recognized that reactions can and still do occur. The tradeoff for the implementation of widespread vaccination protocols and the prevention of those illnesses came with the realization that there needed to be a way to acknowledge when reactions occur. As uncomfortable as it may be, the only way to acknowledge those that have suffered an injury is with monetary compensation and that is why the VICP was created.

One of the most common vaccination injuries is a Shoulder Injury Resulting from Vaccination (SIRVA), you can read more about what a SIRVA injury is here: https://vaccineinjurypros.com/vaccine-injuries/sirva-injury/. A SIRVA injury is just how it sounds, an individual receives an injection and as a result of the injection, suffers a shoulder injury. While the injury must meet certain criteria, such as it must result in pain and loss of mobility that occurs shortly after the injection and continues for more than six months- the VICP recognizes that not all vaccinations are simply a shot- and that injuries and reactions occur.

 

But my injury isn’t that bad, I can still function…

Our number one concern when we speak with potential clients is their health. It is common for our first question to be “how are you doing” when discussing cases with potential clients. We really do care and wish for a speedy and seamless recovery from any injury our clients are experiencing. And while we appreciate the perspective our clients often believe that their injury isn’t “that bad”, it is our job as advocates to let you know that while you may be minimizing your experience as “not that bad” that does not mean you haven’t suffered and that what you experienced isn’t worthy of compensation from the VICP.  The sleepless nights you may have had, the anxiety of not knowing what your future may hold, the events you declined on attending because you simply didn’t want to deal with conversing while others while in pain- these are all things that you have had to endure. In other words, while you may find your experience minimal, the VICP was created and exists to acknowledge and address the pain and suffering, medical expenses, and loss of income that may have resulted from your vaccination.

Nikki Nobbe - Vaccine Injury Attornety

It is important to remember that if after speaking with you, we believe you may have a claim, we will investigate the matter at NO COST to you. If we don’t feel that you have a viable claim, we will tell you that as well. Simply, there is no downside to contacting us, it is worth it. You can contact is by visiting our Contact page. 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.

WHY YOU SHOULD SEEK REPRESENTATION AFTER A VACCINE INJURY

“Is the pain I am experiencing in my arm after a flu shot normal?”

“Is it normal to not be able to move my arm after a flu shot?”

Asking yourself those very questions?  While the last thing anyone expects after receiving a flu shot is to suffer a shoulder injury, we have represented many clients who were once wondering the same thing. Often our clients come to us in disbelief that a routine flu shot has caused them months of pain and loss of mobility. After seeking medical treatment, it also is not uncommon for doctors to not attribute an injury to a vaccination or to not even be aware of the medical term “SIRVA” which stands for Shoulder Injury Related to Vaccine Administration.  This often leads to feelings of frustration and hopelessness for individuals seeking relief and acknowledgement of their injury.  That’s where we hope to help, by investigating and evaluating if your symptoms and injury meet the requirements for a vaccine injury claim under the VICP. And if your injury does meet those requirements, we can represent you in filing a claim with the VICP to receive compensation- all at no charge to you.

The VICP is a federal program, which compensates persons who experience a Vaccine Injury, which occurs when a Nikki Nobbe - Vaccine Injury Attornetychild or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the VVICP. Claims for compensation to the VICP 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.

While most claims are settled, there are several reasons petitioners should be represented by an experienced lawyer in a case with the NVICP. First, if the claim meets certain minimal requirements, the NVICP will pay the lawyer’s fees, whether or not the petitioner is entitled to recover. This means the petitioner has no risk.  Second, if he or she is entitled to recover, those fees are paid separately from the amount of compensation received, and thus the recovery is not reduced by legal fees and expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

Third, HHS is represented by lawyers from the Department of Justice (DOJ) who work on nothing but Vaccine Injury claims. When a claim is contested, the petitioner must prove the claim, and the DOJ lawyers will oppose the claim.  Proving entitlement can be very complicated, specialized, and time consuming.  It can also be very expensive.  Some cases require trying the case at an “entitlement hearing.” When the lawyer representing the petitioner has actually tried vaccine cases, the petitioner benefits from that experience by getting the best result possible.

Finally, even when a case is not contested, and the NVICP agrees to compensation, there will be a negotiation of the amount to be paid. Of course, the petitioner will want to recover the most the law will allow, and that is best done with a lawyer who is knowledgeable with the kinds of compensation awarded, and who is experienced in that settlement process.

Eighty percent of all claims which receive compensation do so by a negotiated settlement. This leaves 20% which are decided after some level of litigation.  Attorney, Richard Moeller tried his first Vaccine Injury case in 2004, and most recently in January 2016. Between then, we have been able to settle most cases, but the ability to litigate a claim all the way to an entitlement hearing is extremely important in maximizing a petitioner’s outcome because it can make a difference to the DOJ lawyers if they know the petitioner’s lawyer is willing to go to trial if necessary.

When we are contacted by a person who believes he, she, or a family member may have suffered a Vaccine Injury, we do not charge any fees to visit about the claim, or to investigate the claim, or to pursue the claim if it has a reasonable basis.  Also, we pay the expenses incurred to pursue the 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.

VACCINE INJURY PROS HAVE ADDED LIVE CHAT

Vaccine Injury Pros has launched a new feature, Live Chat. Lots of websites offer similar services, but ours is staffed by Ngage, a provider focused on law firms, with operators trained to communicate with people seeking legal assistance. When a visitor opens a conversation with Live Chat, the person is able to provide information to us 24/7, and allows one of our lawyers to respond as soon as possible. It is another way for us to reach people who believe they or a family member have suffered a Vaccine Injury and are looking for help.

How can Vaccine Injury Pros help you? 

In addition to Live Chat, persons can still contact us about a SIRVA or other Vaccine Injury by visiting our Contact page. You can also email us directly at RMoeller@MooreHeffernanLaw.com or 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 DOES VAERS TELL US ABOUT SIRVA

Richard Moeller - Vaccine Injury AttorneyLast month I wrote about the Vaccine Adverse Event Reporting System.  VAERS is a federal surveillance system designed to collect and analyze data about adverse events after a shot or immunization.  The data collected by VAERS (except personal identifying information) is publicly available, and tells us something about the kinds of problems experienced by people.

In the most recent VAERS data for 2017, the term “shoulder” or “arm” appears as a symptom or complaint in roughly 5,600 separate reports.  For example, one incident involves a woman who immediately after the shot experienced pain in her right arm, which “on a scale of 1-10 it was 15.”  The next day her arm motion was limited and she was treated with pain medication.

The report does not give any follow up information, but if her condition lasted for more than six months, her injury probably meets the criteria for a SIRVA, which stands for shoulder injury resulting from vaccine administration.  As Nikki Nobbe discussed in a blog last June, SIRVA is a real injury and recognized as a Vaccine Injury entitle do compensation.  And SIRVA is now a Table Injury, making it easier to qualify. We have also discussed the prevalence of SIRVA injuries from the flu shot.

How can Vaccine Injury Pros help you? 

You can contact us about a possible SIRVA or other Vaccine Injury by visiting our Contact page or you can email us directly at RMoeller@MooreHeffernanLaw.com or 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.