And so, concludes what I have come to call the “SIRVA Saga.” If you’ve been following along, you know that we’ve been tracking this rule change since early last year. It’s been a rollercoaster of a legal battle, but thankfully, due to the hard work of everyone involved, the Department of Health and Human Services’ original proposal to remove a vaccine injury called SIRVA (Shoulder Injury Related to Vaccine Administration) from the Vaccine Injury Table will be withdrawn effective April 22, 2021.
The notice from the Federal Register can be found here.
Why is this important? All of our current SIRVA clients are no longer facing a rushed deadline of April 23, 2021, to file a petition. It also means that all of those who are unfortunate enough to experience a SIRVA injury in the future have adequate recourse through the Vaccine Injury Compensation Program (VICP). This is truly a just result.
The withdrawal of the rule change is also important for another reason. Section XVII of the Vaccine Injury Table provides that for any new vaccines added to the Table, SIRVA and Vasovagal Syncope will automatically be associated as vaccine injuries with that new vaccine. Obviously, this section will be very important if and when COVID-19 vaccines are added to the Table.
Revisions to the Vaccine Injury Table should not be taken lightly or without the proper procedure. We hope that SIRVA will remain on the Vaccine Injury Table for as long as the Vaccine Injury Compensation Program is paying out compensation to vaccine-injured petitioners.
Since this started back in July of last year, we have continued to sign up SIRVA cases, and given this recent news, we will not stop now. If you believe you have experienced a SIRVA injury or any other vaccine reaction, please contact us through our website or call us at (312) 578-9501 to set up a free consultation.
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