Were you or a loved one left with a shoulder injury after receiving a vaccine containing tetanus toxoid? If so, you may have questions about the legal options available to you and whether you could receive compensation. Based on the details surrounding your specific situation, you could have the right to file a claim under National Vaccine Injury Compensation Program or the VICP. If you are interested in exploring the legal options available to you, please do not hesitate to reach out to our legal team as soon as possible. We could help you with your claim.

What is Shoulder Injury Related to Vaccine Administration?

Shoulder injury is a recognized, although uncommon, complication that can occur when a vaccine, including those that contain tetanus toxoid (like DTaP, DTP, DT, Td, or TT) is improperly injected into the shoulder. Rather than entering the deltoid muscle, the vaccine may be administered either too high or too deep, leading to inflammation in the shoulder joint or surrounding tissue.

Understanding the Harm Caused by Shoulder Injury Related to Vaccine Administration

Shoulder injury related to vaccine administration may appear within 48 hours of the vaccination. It is characterized by persistent shoulder pain as well as a limited range of motion. Unlike normal post-vaccination soreness, the pain from a shoulder injury does not improve after a few days and may worsen over time. Some individuals may experience tendonitis, bursitis, or rotator cuff injuries. If the condition is severe, patients may suffer long-term mobility issues, chronic pain, as well as difficulty with daily activities (including getting dressed, lifting objects, or driving, for example).

Do I Need to Establish Liability If I want to Pursue a Claim?

No, affected patients will not need to establish liability. This is because, in the U.S, claims involving vaccine-related injuries, such as Shoulder Injury related to vaccine administration, are handled through the VICP. The VICP is a no-fault system created to compensate individuals harmed by certain vaccines all while protecting vaccine manufacturers and providers from direct lawsuits.

What to Expect from the VICP Process

As briefly mentioned above, patients affected by shoulder injury or other injury from administration of a vaccine containing tetanus toxoid cannot file traditional lawsuits in civil court. On the contrary, affected patients must file a petition under the VICP and must go through the process to get compensation. Only after going through this process and under very limited circumstances, individuals may pursue traditional claims.

So, what should affected individuals and their families expect from the VICP Process? The VICP is a no-fault system. Although individuals will not need to prove fault, they will need to show that the vaccine likely caused the injury. The first step is determining eligibility. The vaccine must be covered under the VICP and must have caused an injury that lasted over six months, resulted in hospitalization/surgery, or caused death. The petition must also be filed within the appropriate timeframe. If the affected individual is found eligible, then supporting documents must be collected. Documents may include vaccination records, complete medical records, doctor statements, and death certificates and autopsy reports, if applicable. The petition and multiple copies must be filed with the U.S. Court of Federal Claims and with the Department of Health and Human Services. Lastly, the petition will be reviewed by a judge to determine whether the case meets criteria to receive compensation.

Can I Receive Compensation?
Yes, you could be eligible to receive compensation. Some of the different categories of compensation that affected individuals could be eligible to receive could include the following:

• All medical expenses

• All lost income

• Pain and suffering (or mental/emotional distress resulting from the incident)

• Death benefits (if applicable)