The Vaccine Injury Table identifies vaccinations, injuries and time periods for the expected onset of the injury for eligible compensation claims.  Claims that do not fit within the criteria outlined in the Vaccine Injury Table may still succeed in the National Vaccine Injury Compensation Program, but a causal relationship between the vaccine and injury must be proven.  The U.S. Department of Health and Human Services (“HHS”) and the Health Resources and Services Administration (“HRSA”) recently proposed changes to the Table, which would eliminate two injuries from the Vaccine Injury Table (but not the Vaccine Injury Program):  Shoulder Injury Related to Vaccine Administration (“SIRVA”) and syncope.

After HHS and HRSA published the proposed changes in July 2020, a public comment period followed, during which hundreds of interested parties submitted comments in support of or in opposition to these changes.  The final rule was filed in the Federal Register on January 21, 2021.  Thereafter, the anticipated rule change may take effect on or after April 23, 2021.

Our firm opposes these changes, and we will continue to advance the claims of our SIRVA and syncope clients.  Importantly, we will continue to evaluate similar claims for future clients.

Should the changes proposed by HHS and HRSA take effect, and SIRVA and syncope injuries are removed from the Vaccine Injury Table, claims for these injuries may still be filed in the National Vaccine Injury Compensation Program.  However, a causal relationship between the vaccine and the injury must be proven by preponderant evidence.  Traditionally, the majority of claims filed in the Vaccine Program have been “off-Table” claims, meaning that these claims do not fall within the criteria outlined on the Vaccine Injury Table.  Many “off-Table” claims are successful.

If you believe you have a claim for SIRVA or syncope, please contact us as soon as possible here for a free consultation.

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