In most cases, a SIRVA injury occurs when a healthcare provider injects a vaccine shot too high or too deep into the shoulder. A healthcare provider should administer the vaccine to the deltoid muscle.
When a healthcare provider uses a needle that is too long or fails to inject in the correct spot of the shoulder, the needle may hit the bone or puncture the bursa that protects the tendons in the shoulder.
Unfortunately, victims of shoulder injuries related to vaccine administration endure intense and prolonged pain. Some cope with other shoulder injuries such as tendonitis or rotator cuff tear.
If you’ve been diagnosed with a SIRVA(Shoulder Injury Related to Vaccine Administration), you may be entitled to compensation. Although personal injury law protects the rights of SIRVA injuries, you should prove your case to receive damages for your injury.
Consider engaging a trusted vaccine injury attorney who can provide legal guidance and support as you pursue compensation.
Identifying Key SIRVA Symptoms After Vaccination
Usually, people experience a dull muscle ache after a vaccine injection, which disappears within a few days.
An individual who sustains a SIRVA injury might experience the following symptoms:
- Pain that doesn’t improve over time
- Shoulder tingling or weakness
- Shoulder pain within 48 hours of the vaccination
- A reduced range of motion on the affected shoulder
Some people experienced irritation as an inflammatory response following the injection. Anyone who sustains a SIRVA injury can experience these symptoms for months or years.
How Long SIRVA Cases Typically Settle
A SIRVA injury case can take anywhere between a few months to several years because every case is unique. The time it takes to solve a SIRVA injury claim depends on several factors, including the severity of the injury, complexity of the case, clarity of the at-fault party, and amount of money in dispute.
On average, most cases take 12-14 months; however, some settle quickly, while others take years to complete.
Average Settlements: Understanding Compensation for SIRVA
If you suspect that you’ve developed a Shoulder Injury Related to Vaccine Administration (SIRVA), you may be eligible for compensation from the insurer of the healthcare provider.
However, you must submit supporting documentation as you file a claim for a SIRVA injury. More importantly, consider engaging a qualified vaccine injury attorney who can guide you through the process and let you understand your legal options.
An attorney can prepare a solid case to recover the following damages:
- Medical Expenses: Different conditions arise from a SIRVA injury, including bursitis, shoulder impingement, or a torn rotator cuff. Recovering from a SIRVA injury may involve physical therapy, surgery, and pain medication. An attorney can pursue compensation for the present and future medical care you’ll incur to achieve full recovery.
- Lost Earning Capacity: Your personal injury claim should include lost earning capacity if shoulder injury affects your ability to earn a living in the future.
- Lost Wages: When you sustain a SIRVA injury, you may not be able to work as you usually would. The injury may force you to take sick leave, miss work, and go without pay, or quit your job, which can have your wages discontinued. A personal injury attorney can help you get compensation for all the financial losses you incur due to missed work.
- Pain and Suffering: Most injuries, including SIRVA injuries, cause devastating physical pain. You’re likely to feel severe discomfort for weeks, months, or years because of the shoulder injury. You deserve compensation for the physical pain you feel as a direct result of the vaccine-related injury.
- Loss of Enjoyment of Life: You deserve compensation if your injuries and the resulting emotional distress cause you to no longer enjoy life or stop you from participating in activities you used to love.
- Loss of Companionship: Your shoulder injury may prevent you from relating to your loved one as you used before being harmed. For example, you may be unable to get on the ground and play with your children. Your attorney can fight for compensation for these crucial aspects of your relationships.
Proving Your SIRVA Case: Key Steps and Evidence
As the injured party in a SIRVA case, the law requires you to fulfill the burden of proof on each element of your claim. Suppose you’re looking to obtain damages for the pain and suffering related to the shoulder injury.
In that case, you should demonstrate to the court or insurance provider that the healthcare professional negligent actions contributed to your prolonged discomfort. Consider working with an attorney who can employ different tactics to prove your pain and suffering.
Here are a few documents that an attorney may use to prove your pain and suffering:
- Medical bills
- Diagnosis report
- Psychiatric records
- Images of your injuries
- Treatment records
- Specialist report
- Expert testimony
Legal Process for SIRVA Vaccine Injury Claims
Here are the distinct phases of a SIRVA injury claim:
- Seeking medical attention: Consider visiting a healthcare facility for immediate medical attention and documenting your injury.
- Find an attorney: Hire a knowledgeable vaccine injury attorney to help you navigate the legal system and file a claim.
- Investigations: Your attorney will commence independent investigations on your behalf.
- Filing a claim: Once your attorney has gathered the necessary facts of the case, they will notify the other party of their intent to pursue money in a personal injury claim.
- Discovery process: During discovery, both parties exchange documents, scrutinize evidence, and investigate disputed facts.
- Negotiation and mediation: Parties avoid going to trial by trying to settle through negotiation or mediation.
- Going to trial: If the at-fault party or their insurance provider tables an insufficient amount, you may need to take your case to trial.
Find Out If You Have a SIRVA Claim Today
In addition to intense and prolonged pain, some victims of SIRVA injury are unable to resume regular work, hobbies, and social life. As a result, they endure a worsened life compared to their state before the injury.
They, therefore, deserve representation from an experienced attorney to enhance their chances of a positive outcome.
Consider engaging a reputable firm like Jeffrey S. Pop & Associates, with experienced attorneys with over a 90% success rate.
Contact us online or at (888) 921-3995 for a free case evaluation.