Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is SIRVA and how does it happen?
SIRVA stands for Shoulder Injury Related to Vaccine Administration. It occurs when a vaccine is injected too high on the arm or at the wrong angle, damaging the bursa or rotator cuff rather than entering the muscle. Symptoms include persistent shoulder pain, limited range of motion, and bursitis or tendinitis that begin within 48 hours of vaccination.
Can you sue for SIRVA in New York?
Yes. In New York, you can pursue a SIRVA claim through the federal National Vaccine Injury Compensation Program (VICP) or, in some cases, through a NY civil lawsuit under CPLR §214’s 3-year statute of limitations for personal injury. The VICP is often the first pathway and has its own 3-year filing deadline from symptom onset. An attorney can help you determine which route applies.
What damages can you recover in a SIRVA lawsuit?
Recoverable damages in a SIRVA case may include medical expenses for physical therapy, cortisone injections, or surgery; lost wages if your injury limited your ability to work; and compensation for pain and suffering. No dollar amount is guaranteed — outcomes depend on injury severity, documentation, and the specific facts of your case.
What should you do if you think you have SIRVA?
Document your symptoms immediately — note the date of vaccination, the location (which arm, how high), and when shoulder pain began. Seek medical attention promptly and keep all records. In New York, you generally have 3 years from the injury date to file a civil claim (CPLR §214), but VICP deadlines may differ. Consult a personal injury attorney as soon as possible to protect your rights.