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Chicago SIRVA vaccine shoulder injury attorneyLast week, makers of the influenza vaccine began shipping their first doses of flu vaccine for the 2017 – 2018 flu season to healthcare providers, pharmacies, and immunizers. People will be able to begin getting immunized for the upcoming flu season beginning in late September. 

There are a small number of people who should take precautions when getting the flu vaccine, and a small number of people who should not get it at all. Suitability for the vaccine is determined by health status, age, and allergies to components of the flu vaccine. You should talk to your health care provider before getting immunized if you are concerned about your suitability for the influenza vaccine.

For the approximately 160 million people who will get the 2017-2018 flu vaccine, it a good time to learn or to review some tips how to protect yourself from Shoulder Injury Related to Vaccine Administration (SIRVA) injury

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b2ap3_thumbnail_American-flag-Chicago.jpgLast Monday, the U.S. Supreme Court unanimously confirmed that attorneys may recover fees and costs for a petition seeking compensation for a vaccine injury even if it is ultimately found to be untimely (filed past the 36 month statute of limitations).  In Sebelius v. Cloer, the Supreme Court had to determine whether a finding that a petition was untimely was a bar to awarding attorney’s fees.

Under the National Childhood Vaccine Injury Act attorney’s may not seek payment from a client for filing a petition; instead the Act provides for payment of attorney’s fees and costs from the fund whether the claim was successful or unsuccessful so long as the petition was filed in good faith and there was a reasonable basis for the claim.  In order to be timely the petition must be filed within 36 months of the date of the first symptom of such injury.  42 U.S.C. §300aa-16(a)(2).

The issue of timeliness is not jurisdictional in cases seeking compensation under the Act, and is often not determined until substantial time and resources have been spent.  For instance, in Sebelius v. Cloer, Dr. Cloer received a vaccine in 1997; one month after the vaccine she started experiencing some tingling and numbness in one arm.  The numbness gradually spread, but it wasn’t until 2003 that she was diagnosed with multiple sclerosis (MS).  In 2004, Dr. Cloer learned of a link between MS and the vaccine she received.  Dr. Cloer filed her petition for compensation for her vaccine injury in 2005.  After reviewing the petition and the supporting documentation the Special  Master determined that Dr. Cloer’s first symptom of MS was in 1997.  Thus, the petition filed in 2005 was well beyond the 36 month limitations period.

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Posted on in Vaccine Injuries

At the Law Offices of Chicago-Kent, attorney Ed Kraus fights for compensation for people who have been injured by vaccines. We handle claims for all types of vaccines, including:

Attorney Kraus is a Clinical Professor of Law at the Chicago-Kent College of Law, within the Illinois Institute of Technology. Our firm is a teaching law firm, and our team of student interns and externs work with Professor Kraus to pursue compensation for your vaccine injury.

The National Vaccine Injury Compensation Program (VICP) was created by congress. This no-fault system provides compensation for lost wages, medical expenses, and pain and suffering, as long as your injury is determined to be caused by a vaccination you received.

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