HHS ADVANCES TO REMOVE SIRVA FROM VACCINE INJURY TABLE
In April, the Secretary of Health and Human Services (HHS) began the process of removing a type of reaction called shoulder injury related to vaccine administration (SIRVA) from the Vaccine Injury Compensation Program (VICP). Since then, the Advisory Committee on Childhood Vaccines (ACCV), which makes recommendations on proposed rule-making to HHS on issues related to the VICP, came out in strong opposition to HHS’s proposal. Despite the ACCV’s formal recommendation against removal, the secretary went ahead and published the Notice of Proposed Rule- making in the Federal Register on July 20, 2020. The rule-making process for the Code of Federal Regulations works like this: Once a notice of proposed rule-making is published, a deadline is set for any public comments to be made regarding the proposal. In this case, the public has until Jan. 12, 2021, to submit comments in support of or in opposition to the proposal.
of comments received for or against its proposal. Ultimately, its decision must be based on a combination of its own findings and the record, including the public comments, scientific data, and expert opinions. After hearing public comments, the secretary will publish the final rule in the federal register. A final rule must include an “effective date,” so that we know when it will go into effect for future cases. The effective date usually can be no less than 30 days following the publication of the final rule. We will be prepared for Jan. 12, 2021, and thereafter. In the meantime, our vaccine injury law firm will be doing everything we can to oppose the proposed rule from going into effect. For now, any current cases in the VICP alleging a SIRVA injury will continue to be covered by the Vaccine Injury Table. That is also true for any case filed before the effective date, if the rule becomes final. Many things can change between now and January. We will be closely monitoring the situation. Regardless, we will be prepared for either scenario come Jan. 12, 2021.
Although public comments are one factor that HHS must consider in its decision, it will not base its decision entirely on the number
If you believe that you have suffered a side effect or injury like SIRVA as a result of a vaccine, you may be entitled to compensation. Contact us for more information.
– Jonathan Svitak
SUDOKU
SLG TRAVEL MUG GIVEAWAY: ENTER NOW! Thank you for reading our newsletter and staying in touch with our firm. To show our appreciation to readers like you, we’re giving away a custom Shannon Law Group Yeti Travel Mug. You’ll want this tumbler in your cabinet as the days grow colder. For a
chance to win, text “YETI” to (312) 847-2428 by Oct. 17.
3
312-663-7016
Made with FlippingBook Publishing Software