Can You Sue for SIRVA in New York?

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.

Yes. Which federal program applies depends on which vaccine caused your injury. For most routine vaccines (flu, MMR, Tdap, and others on the Vaccine Injury Table), SIRVA claims go through the National Vaccine Injury Compensation Program (VICP), which gives you 3 years from the onset of symptoms to file. But COVID-19 vaccines are NOT covered by VICP — SIRVA from a COVID vaccine instead falls under the CICP (Countermeasures Injury Compensation Program), which has a much shorter deadline: just 1 year from the date of vaccination, with no extension based on when symptoms began. In some cases, a NY civil lawsuit under CPLR §214's 3-year statute of limitations may also be available. An attorney can help you determine which route — and which deadline — applies to your specific vaccine.

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.

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.