Mari Bush Successfully Represents Woman In Claim Brought Under The National Vaccine Injury Compensation Program


Mari Bush Successfully Represents Colorado Woman Who Experienced Shoulder Injuries (Sirva) In Claim Brought Under The National Vaccine Injury Compensation Program

Mari C. Bush successfully settled a claim on behalf of a Colorado woman who sustained serious injuries from the administration of a seasonal flu vaccination. Her 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 her client included compensation for economic losses, including out-of-pocket expenses as well as for non-economic losses, such as pain and suffering and inconvenience.

Fortunately, most SIRVA injuries heal within a year. Nonetheless, SIRVA injuries can cause significant pain and an imposition on the work and personal life of those who have been injured.

If you have experienced six (6) months or more of shoulder pain and restricted movement in the injection site following the administration of a vaccination, do not hesitate to contact Mari Bush to determine if you have a qualifying SIRVA injury.

Soma Helen Escobedo