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Shoulder Injuries in the Vaccine Compensation ProgramOn April 22, 2021, Health and Human Services (HHS) published the final rule on the Federal Register withdrawing the proposed rule change previously published on January 21, 2021 which would have changed how cases involving shoulder injuries and vasovagal syncope were handled in the Vaccine Injury Compensation Program (VICP).

In explaining this action, HHS noted that members of the public had expressed concern that the agency’s process while pursuing the proposed rule removing shoulder injuries and vasovagal syndrome from the Vaccine Injury Table was irregular in its haste. HHS also observed that from a public health policy perspective, removing these injuries from the Vaccine Injury Table may dissuade individuals from undergoing vaccinations, which would be counter to the public’s interest in promoting vaccination. You can find HHS’s full rationale for withdrawing the rule here.

For individuals with shoulder injuries or vasovagal syncope stemming from a vaccine covered under the VICP, the move by HHS to withdraw the proposed Table amendment is good news and means that these vaccine injury cases can continue to be pursued as before.

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Vaccine Compensation ProgramOn March 17, 2021, Health and Human Services (HHS) published a notice on the Federal Register alerting the public that the proposed rule change previously published on January 21, 2021 changing how cases involving shoulder injuries and vasovagal syncope are handled in the Vaccine Injury Compensation Program (VICP), is likely to be withdrawn following a thirty day comment period for public response ending on April 16, 2021.

The January 2021 rule by HHS would have removed shoulder and vasovagal injuries from the Vaccine Injury Table, requiring injured parties to pursue these injuries through “causation-in-fact” claims which often require the retention of medical experts and very often, an in-person hearing years down the line before a Special Master (Judge) in Washington, D.C. That rule change was initially due to go into effect on February 22, 2021, however, the effective date was pushed back two months until April 23, 2021 following a request by the Biden administration for time to review all administrative actions that occurred during the sunset of the previous administration.

Now, it appears that HHS is moving to withdraw that rule entirely. If that comes to pass, shoulder injuries and vasovagal syncope would continue to be included in the Vaccine Injury Table, allowing the claims to continue to be resolved more efficiently than if they were causation-in-fact cases.

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Vaccine Injury LawyerOn February 4, 2021, USA Today published an article about the upcoming removal of Shoulder Injury Related to Vaccine Administration (“SIRVA”) from the vaccine injury table. We discussed this rule change, which goes into effect on February 22, 2021, in a previous blog post. You can find our blog discussing that issue here.

The USA Today article discusses not only the rule change impacting SIRVA, but also touches on additional rule changes put in place by Health & Human Services (HHS) at the same time, all pushed through at the very end of the Trump administration with at best, minimal support, (chiefly from HHS). There was substantial pushback from players in the vaccine injury program, including the Advisory Commission on Childhood Vaccines (ACCV), the Vaccine Injured Petitioners Bar Association, members of the general public, physicians, pharmaceutical chains, etc., and individuals that have taken their SIRVA cases through the vaccine injury program.

You can find the USA Today article here.

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Posted on in Vaccine Information

On January 21, 2021, Health and Human Services (HHS) published a final rule in the Federal Register that changes a key part of the Vaccine Injury Compensation Program (VICP) addressing how shoulder injuries following vaccination, as well as vasovagal syncope, are dealt with in the Program.

While vaccine injuries are considered to be rare, shoulder injuries following vaccination are among the most common vaccine adverse events and so in 2017, the Vaccine Injury Table was amended to add Shoulder-Injury-Related-to-Vaccine-Administration (SIRVA) to the Table.

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Chicago vaccine attorneyAs the clamor grows for an effective Covid-19 vaccine, questions regarding vaccine safety have been foremost in the minds of the public. A recently published article in the pre-eminent journal, Science, by lead author, David M. Knipe, provides an overview into the vaccine safety regulatory framework in place in the United States and discusses how that framework came-to-be over the last several decades.

Among the common vaccine safety measures discussed by the authors are quality control checks to ensure that each batch of vaccine meets strict formulation standards and monitoring adverse events both before and after licensing to determine whether additional study, or alternate action, is needed. The article also discusses the Food and Drug Administration’s (“FDA”) specific guidance to pharmaceutical companies developing potential Covid-19 vaccines, including recommendations for post-licensure reporting and post-licensure studies in light of the likelihood for emergency-use approval of Covid-19 vaccines.

Given the news over the last few weeks of three different Covid-19 vaccines with encouraging Phase-3 clinical trial results, this informative article is extremely well-timed.

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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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