A flu vaccine is by far the most common vaccine to receive. It’s also a vaccine people get multiple times throughout their lives, often on an annual basis. While meant to protect us from illness, each vaccination comes with the risk of suffering from an adverse reaction. The National Vaccine Injury Compensation Program (NVICP) is a federal program that was created to help people who may have been injured by, or suffered adverse reactions to, certain vaccines. The program provides financial compensation to these individuals.

While adverse reactions are not necessarily common, the most ‘common’ adverse reaction is a Shoulder Injury Related to Vaccine Administration (SIRVA). SIRVA can be caused by the vaccine being administered incorrectly, and may have nothing to do with the contents of the vaccine itself. Mr. A. experienced a shoulder injury after receiving a flu vaccine in August of 2019. Almost a year later he filed a petition for compensation under the NVICP, which is handled in the Federal Court of Claims.

n this case, the respondent (Federal Court representative) and the petitioner (Mr. A.) could not come to an agreement on compensation for almost two years. The special master (Judge) of the case eventually made a decision and awarded Mr. A with $70,000 for pain and suffering and $2,306.41 for unreimbursable expenses, making a total compensation package of $72,306.41.

The special master was able to reach this decision through evidence provided by the petitioner. The petitioner provided medical records from the start of the SIRVA symptoms to almost two years following. The records showed that he visited multiple doctors, including an orthopedic doctor, to help his pain. After examinations and multiple MRIs, the orthopedic doctor referred him to physical therapy (where he attended 25 sessions) and gave him three cortisol shots to help with the pain. Mr. A also received a Meloxicam prescription from his primary physician. As a result of his SIRVA symptoms, Mr. A. also had to go from working full time to working one day a week.

Mr. A.’s symptoms improved after two years. It was determined that he suffered a mild case of SIRVA and was awarded compensation based on that conclusion.

We at DuPont and Blumenstiel are proud to be part of a small group of law firms that focus on representing persons with vaccine related injuries. Call 614-389-9711 today to have your case evaluated.