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Vaccine Injury Blog

Legal Disclaimer: This blog is not intended to diagnose, treat or cure a disease. Nor is it intended as medical advice. The reader is responsible for their decisions and their health.

  • Glen Sturtevant

SIRVA Injury Rule Change Withdrawn by HHS

Shoulder injuries from vaccinations, known as Shoulder Injuries Related to Vaccine Administration or “SIRVA,” have been by far the most common vaccine injuries filed in the National Vaccine Injury Compensation Program. More than 1,000 such claims are filed every year and typically occur during flu season when flu shots are administered improperly too high on the shoulder or an individual suffers a rare adverse reaction to the vaccine.


Over the past 18 months, however, the Department of Health and Human Services had been working to remove SIRVA injuries from the National Vaccine Injury Compensation Program and came very close to doing so. HHS issued a new rule that could have prevented compensation for these vaccine injuries and the rule was set to go into effect in early 2021.


Thankfully, however, good sense and fairness prevailed, and HHS finally withdrew the final rule before it could go into effect. At least for the foreseeable future, individuals who suffer shoulder injuries from vaccinations still have a remedy available to them through the NVICP. You can read more about HHS’s final action to keep SIRVA injuries covered by the NVICP in its final rule here: https://public-inspection.federalregister.gov/2021-08478.pdf?utm_campaign=pi+subscription+mailing+list&utm_source=federalregister.gov&utm_medium=email