Vaccine Injury Compensation

Vaccines are an essential part of public health in Ireland, and the overwhelming majority of doses are administered safely. However, in a small number of cases, patients are left with painful, debilitating, or long-term injuries. These injuries arise from one of two causes: a vaccine being administered incorrectly by a healthcare professional or a defect in the vaccine product itself.

If you believe you or a family member has been injured in either of these scenarios, the team here at McCarthy + Co Solicitors LLP can help you understand your legal options. Our medical negligence department is led by John McCarthy, who has brought many successful claims on behalf of clients who have sustained vaccine-related injuries.

The legal position on vaccine injuries in Ireland

Ireland does not currently operate a no-fault vaccine compensation scheme. Although the Department of Health has been developing a proposed model for a vaccine damage scheme for several years, no statutory scheme is in place at the time of writing.

This means that, unlike claimants in the United Kingdom or certain other European jurisdictions, anyone injured by a vaccine in Ireland must pursue compensation through the civil courts. Claims usually proceed along one of two routes:

• Clinical negligence – Where the injury was caused by the way the vaccine was administered, for example, an injection given too high on the arm.
• Product liability – Where the injury was caused by an alleged defect in the vaccine itself, under the Liability for Defective Products Act 1991.

In the context of the COVID-19 vaccination programme, the Irish State provided an indemnity to vaccine manufacturers and to the healthcare professionals who delivered the rollout. As a result, claims relating to the administration of COVID-19 vaccines are generally managed by the State Claims Agency on behalf of the Health Service Executive and other State authorities.

Understanding SIRVA

The most commonly reported vaccine administration injury is known as a Shoulder Injury Related to Vaccine Administration, or SIRVA. SIRVA is generally caused by an injection being placed too high on the upper arm or too deeply into the shoulder, so that the vaccine enters the shoulder capsule or bursa rather than the deltoid muscle. This can trigger inflammation of the surrounding structures, leading to ongoing pain and restricted movement.

Symptoms usually appear within days or weeks of vaccination, and can include:

• Intense, prolonged shoulder pain and reduced range of motion
• Bicipital tendinitis
• Rotator cuff tears
• Subacromial bursitis
• Adhesive capsulitis, commonly known as frozen shoulder

In many cases, SIRVA can be managed with anti-inflammatory medication and physiotherapy. In more severe presentations, however, the patient may require corticosteroid injections or surgical intervention to repair damage to the tendons or ligaments. Some claimants are left with chronic pain or long-term functional limitations affecting their ability to work, drive, or carry out everyday tasks.

SIRVA is recognised as a preventable injury when correct injection technique is followed, which is why a clinical negligence claim may be appropriate where the injury can be linked to the way the vaccine was administered.

Wider vaccine injury claims

Although SIRVA is the most frequently reported vaccine injury, it is not the only basis on which a claim can be brought. Other potential scenarios include:

• A failure to obtain proper informed consent before vaccination
• An inadequate warning about known risks or side effects
• Administration of a vaccine despite a documented contraindication
• A serious adverse reaction allegedly linked to a defective product

Each of these scenarios involves complex questions of law and medical causation. A successful claim will normally require independent medical expert evidence to establish both the injury and its link to the vaccination. To speak to a solicitor about the feasibility of your case, arrange a consultation using our confidential online form.