One of the common vaccine-related injuries compensated under the VICP is a Shoulder Injury Related to Vaccine Administration (SIRVA). In this blog, we will go through the process of seeking compensation for a SIRVA in the Vaccine Court. Please keep in mind that this information is current up to June 2023, and it is always advisable to consult with an attorney before starting any litigation process.

Step 1: Understand what SIRVA: Shoulder Injury Related to Vaccine Administration

It typically includes symptoms such as severe, persistent pain, swelling, and limited range of motion in the area of the shoulder where the injection was given within 48 hours of administration of the vaccine.

Step 2: Document your Injury

In the event of a shoulder injury post-vaccination, it is important to document everything meticulously. This includes symptoms, medical visits, medical bills, lost income, and any other impact on your daily life. The more documentation you have, the easier it will be to establish your case in court. You must be able to prove symptoms occurred within 48 hours of administration of the vaccine and persisted for at least six months after administration of the vaccine.

Step 3: Seek Medical Attention

If you suspect you have SIRVA, it is crucial to see a doctor as soon as possible. This is not only for your health but also because the doctor’s reports and findings will be vital evidence in your case.

Step 4: Consult with a Vaccine Injury Lawyer

It is essential to engage with an attorney experienced with handling vaccine injury cases. This legal arena is specialized, and you need a lawyer with knowledge and experience with the National Vaccine Injury Compensation Program: https://www.hrsa.gov/vaccine-compensation/about

Your lawyer will review your case, gather necessary documents, and advise you on the next steps.

Step 5: File a Petition

If you have a compensable case, your lawyer will prepare and file a Petition with the Vaccine Court. The Petition should include all necessary details about your injury including how it links to the vaccine administration. It must also clearly show that the SIRVA has significantly impacted your life.

Step 6: Government’s Review

Once the Petition is filed, the U.S. Department of Health and Human Services, represented by lawyers from the Department of Justice, will review your claim. Often, if HHS agrees that your SIRVA injury was caused by a vaccine on the vaccine table, then your lawyer will be able to negotiate a settlement with HHS. If HHS does not think your SIRVA injury was caused by the vaccine, then your lawyer may file a brief with the Court or proceed to a hearing. In these circumstances, a Special Master will decide if the vaccine caused your injury.

Step 7: Court Hearing and Decision

Your case may proceed to a hearing, where a Special Master will hear and receive evidence presented by your lawyer. This could include your testimony, testimony from your doctors, medical records, and testimony from experts. Based on the evidence provided, the Special Master will decide on the validity of your claim and the amount of compensation you should receive.

Step 8: Receiving Compensation

If the Court rules in your favor, the compensation will cover medical expenses, lost earnings, and pain and suffering. Remember, the program does not provide punitive damages. Further, there is a $250,000 cap for pain and suffering damages.

While this process may seem daunting, it is designed to help individuals receive the compensation they deserve in the event of a vaccine-related injury. Also, your legal fees are paid by the Vaccine Court, not from your award or settlement.

If you or a loved one believe you have a SIRVA injury, reach out to an experience vaccine law firm like Wilson Law, P.A.

Understanding the Camp LeJeune Justice Act:

The Camp LeJeune Justice Act is a piece of legislation aimed at providing legal recourse to veterans and their families who were exposed to toxic water at Camp LeJeune, a large Marine Corps base in Onslow County, North Carolina. Between the 1953s and 1987, the base’s water supply was contaminated with hazardous chemicals, including benzene, perchloroethylene (PCE), trichloroethylene (TCE), and vinyl chloride. Long-term exposure to these chemicals is linked to several serious health conditions, such as various cancer, neurological disorders, renal disease, birth defects and female infertility.

The Journey to Justice

For years, many victims of this contamination fought to seek justice for their suffering. However, statutes of limitations and statutes of repose often posed significant barriers, preventing many from filing lawsuits against the government and private businesses for their injuries, and/or lawsuits being dismissed with prejudice by federal courts.

The Camp LeJeune Justice Act resolved those issues. This legislation essentially “resets” the clock on the statute of limitations for those affected by the Camp LeJeune contamination. Specifically, those injured by the contaminated water have until August 10, 2024 to file an administrative claim and/or lawsuit in the United States District Court for the Eastern District of North Carolina for his or her injuries.

Additionally, an injured person does not have to prove liability against the US Government. The government admits liability, meaning, the US Government acknowledges that the water was contaminated. A claimant must only establish 30 days of exposure to the contaminated water between 1953-1987; and, that the exposure was at least as likely as not to have caused the injury. This burden of proof is lower than what is typically required in a civil case.

Camp LeJeune Justice Act Litigation

Following the enactment of the Camp LeJeune Justice Act, there has been a surge of litigation initiated by veterans and their family members seeking compensation for their injuries. The Act has given many people a renewed hope and a pathway to justice.

Our Role as Experienced Attorneys

As legal professionals with experience representing clients in federal court, Wilson Law, P.A. will help veterans and their families understand the intricacies of the Camp LeJeune Justice Act and its implications for their potential cases. Our aim is to ensure that those affected by the Camp LeJeune contamination receive the compensation they rightly deserve.

We guide our clients through the litigation process, facilitating the collection of necessary medical records, military records, and representing them aggressively during the administrative claims process or in federal court.

Challenges and Hope Ahead

While the Camp LeJeune Justice Act represents a significant step towards justice, the litigation process is not without its challenges. Proving the link between the contamination and health conditions can be complex and time-consuming. However, Kimberly Wilson White, founding partner of Wilson Law, P.A. has decades of experience working with medical and scientific experts in the area of oncology, toxicology and epidemiology.

Closing Thoughts

The Camp LeJeune Justice Act is a crucial milestone in the quest for justice for veterans and their families affected by the Camp LeJeune water contamination. As we strive to navigate this complex landscape, our commitment to fighting for the rights of those impacted remains unwavering. If you or a loved one have been affected by the Camp LeJeune contamination, do not hesitate to reach out to Wilson Law, P.A. to better understand your rights under the Camp LeJeune Justice Act.

Remember, the path to justice may be long, but with the right legal representation, there is always hope.

Call us to discuss your options under the Camp LeJeune Justice Act: 919-890-0180. Or, email Kimberly Wilson White at: kim@wilsonlawpa.com.

Veterans Hit 3M with Flurry of Lawsuits

The wave of 3M earplug lawsuits has turned out to be more like a tsunami. Per the Times, it has become one of the largest mass torts in the history of the United States. Almost 300,000 service members and civilians have taken legal action against 3M. Each has alleged some form of hearing damage.

For instance, the two U.S. Army veterans in the $110 million case both experienced hearing loss and tinnitus. Both had been supplied the 3M Combat Arms earplugs for years, first in training and then throughout their deployments in Iraq and Afghanistan. One veteran served for 21 years; and, the other served for 20 years.

The landmark $110 million jury verdict was returned on January 27, 2022. To date, nine plaintiffs have received jury verdicts out of 10 trials. 3M has successfully defended only four cases. Plaintiff recoveries in these previous suits ranged from $1.7 million to $22.5 million, with total compensation awarded over $160,000,000 to date.

Nevertheless, 3M continues to maintain that the CAEv2 earplugs were effective and safe for use. 3M reported to the Times that it will appeal the verdicts..

Advocating for Injured Veterans and Service Members

Wilson Law, P.A. is proud to represent current and former servicemembers injured because of 3M’s negligent conduct. Attorney Kimberly Wilson White was appointed as the sole North Carolina member of the 3M Combat Arms earplug litigation leadership team. Federal judges chose her for this position out of over 200 applicants, in part, due to her vast experience in representing individuals injured by defective products; and, commitment to seeking justice on behalf of individuals wronged by big corporations.

No corporation should be able to get away with taking advantage of our troops. We’re here to make sure 3M is brought to justice. If you have suffered hearing damage, reach out to our Raleigh law firm online or at (919) 890-0180 for a free consultation. We are honored to fight for those injured across the state.

2022 Super Lawyers® recognized Attorney White for her work in Raleigh, North Carolina with listings in the following three practice areas:

• Class Action/Mass Torts: Plaintiff
• Personal Injury – General: Plaintiff
• Alternative Dispute Resolution

Super Lawyers®, a Thomson Reuters company, has listed Attorney White in every edition of its Super Lawyers® guide since 2017. It also recognized her in its early career attorney guide, Rising Stars, in 2009.

Attorneys are held up to a very high standard, as Super Lawyers® strives to create reliable local guides for those in need of legal help. This makes for a rigorous selection process that involves a third-party nomination round, an independent review by the organization’s research team, and a peer review. Case results, community involvement, bar activity, and other awards and accolades are a few of the dozen categories on which attorneys are evaluated. Only 5% of attorneys from coast to coast earn a listing in the Super Lawyers® guide.

In the years since Attorney White founded Wilson Law, P.A., she and her legal team have recovered over $32 million for clients injured by negligence. She is also a certified mediator, who provides counsel on negotiations to peers and judges. More than 27 years of legal experience informs her practice.

If you have been injured by a product defect, defective medical device, dangerous drug or vaccine, Attorney White is prepared to fight for you. To book a free consultation, give Wilson Law, P.A. a call at (919) 890-0180.

The verdict against 3M amounts to $2.1 million in punitive damages for each of the three plaintiffs, as well as a total of $830,500 in compensatory damages for medical expenses, pain and suffering, and lost earnings. This amounts to $7.1 million in damages.

Three different Florida lawsuits were consolidated in this bellwether trial. To date, there are more than 200,000 personal injury complaints against 3M that echo the allegations of this trial’s three plaintiffs. Simply put, veterans and active service members accuse 3M of covering up earplug design flaws, fudging test results, and failing to instruct the Army in how to use the earplugs properly. Unfortunately, the Army used 3M earplugs from 2003 to 2015, meaning hundreds of thousands of service members have been affected.

Still, per Reuters, 3M plans to appeal the April 30^th verdict against it. The next trial will begin May 17, 2021.

Hold 3M Accountable for Your Injuries

At Wilson Law, P.A., we are committed to advocating for injured veterans and military servicemembers against 3M. Chosen over 200 applicants, our very own Attorney Kimberly Wilson White was appointed by federal judges to serve as the only North Carolina member of the multidistrict litigation (MDL) leadership team for 3M Combat Arms earplugs. If you are among those injured, let our experienced legal team in Raleigh, North Carolina fight for you.

Contact Wilson Law, P.A. online or by phone at (919) 890-0180 to learn more about your legal rights. All consultations are provided free of charge!

As reported by the National Law Review, many countries have effectively banned paraquat due to its high level of toxicity. While this toxicity was previously only known in relation to its use in suicides — one sip has proven lethal time and again, per reports from The New York Times — several journals have recently published peer-reviewed studies showing a link between paraquat and Parkinson’s disease. The American Journal of Epidemiology, the Journal of the American Medical Association (JAMA) Neurology, and the National Institute of Environmental Health Sciences (NIEHS) are among the reputable sources that have published such findings.

Despite this research, paraquat remains legal to use in the United States — even as the same research has compelled dozens of countries around the world to ban this herbicide. What’s worse, the National Water-Quality Assessment (NAWQA) Project reported that its use in the U.S. only doubled between 2006 and 2016.

Have You Been Exposed to Paraquat?

If you have developed Parkinson’s disease, or symptoms, due to paraquat exposure, you likely have grounds to file suit against the paraquat manufacturers who harmed you including:

• Syngenta Group;
• Chevron Phillips Chemical Company, LLC;
• Drexel Chemical Company;
• Adama;
• Altitude Crop Innovations, LLC;
• UPL Limited (formerly United Phosphorus Limited);
• HELM Agro US, Inc.;
• And more.

According to the National Law Review, the first of these lawsuits was filed in October 2017 in Illinois. Our legal team at Wilson Law, P.A. is proud to announce that we are accepting cases in North Carolina and will file paraquat lawsuits for residents suffering catastrophic injury due to toxic exposure. There are several different herbicides throughout the nation that contain paraquat, the most common of which is Syngenta’s Gramoxone SL 2.0 Herbicide. Para-SHOT, Helmquat, and Devour are other common weed killers in which paraquat is an active ingredient.

To learn more, please visit our paraquat litigation page here.

About Wilson Law, P.A.

Our Raleigh, North Carolina based law firm was founded in 2012 by Attorney Kimberly Wilson White. Since then, we have recovered over $32 million in compensation for injured plaintiffs in personal injury cases, pursuing them in both state and federal courts. Recognized by Super Lawyers®, the American Association for Justice, and the North Carolina Advocates for Justice, among others, our qualified legal team takes an aggressive approach to advocating for our clients’ rights. We have never backed down to corporate negligence, no matter how big the company causing the harm.

Contact our trial lawyers onlineor at (919) 890-0180 to begin with a free, confidential case review.

As first reported by Reuters, the trial not only consolidates these three military veterans’ lawsuits but is also expected to “be used to assess key evidence and damages and potentially shape a deal to resolve thousands of other cases,” most of which have been brought forth by veterans aged 30 to 49. Therefore, this trial is, as Reuters put it, somewhat of a “bellwether.”

Dave Henderson, a U.S. combat veteran, who completed his very first deployment to Iraq back in 2010, was provided with 3M military earplugs to protect his hearing, but they did not stop him from developing hearing problems and tinnitus. “We had no choice but to use the 3M earplugs,” Mr. Henderson told Reuters. “We trusted that our equipment would work.”

The trial hinges on two questions:

1. Did earplug designer Aearo Technologies, acquired by 3M, manipulate and misrepresent product test results to the Department of Defense and push defective earplugs to market?
2. Even if these earplugs are found not to be defective, did the company fail to instruct the military on how to use them safely and effectively?

3M has found itself at the center of several legal battles and is also behind Post-it notes, ACE bandages, and many of the nation’s N95 face masks. In regards to the earplug trial, it denies all allegations and asserts that the Combat Arms Earplugs Version 2 were both safe and functional when fitted and used properly. Nevertheless, this earplug litigation is, according to Reuters, “the largest mass tort ever brought in federal court.”

About Wilson Law, P.A.

Our legal team at Wilson Law, P.A. is skilled in handling a variety of product liability cases, including those concerning military earplugs. Whether you or a loved one has suffered hearing loss or damage due to single-ended or dual-ended combat earplugs, our firm will fight for your justice and to protect future generations of service members from the same harm.

Contact Wilson Law, P.A. online or at (919) 890-0180 today to get started with a free case review.

Part of Thomson Reuters, Super Lawyers® is a legal ranking publication that showcases accomplished United States attorneys from more than 70 practice areas. It requires all listees to pass a patented, rigorous review in which they are evaluated on a dozen categories pertaining to “peer recognition and professional achievement,” including pro bono services, bar activity, scholarly contributions, case results, and more. After this initial intense review, candidates are then reevaluated by a Blue Ribbon Panel before final selection takes place. No more than 5% of all U.S. attorneys are selected to Super Lawyers® for each edition.

We are proud to inform you that Super Lawyers® has recognized Attorney White every year since 2017, which means her selection to the 2021 edition marks her 5-year anniversary as a Super Lawyers® honoree. Moreover, back in 2009, Attorney White obtained Rising Stars recognition, an honor Super Lawyers® reserves for early-career legal professionals. Her skill and diligence have garnered her national recognition from other organizations as well, from the Multi-Million Dollar Advocates Forum to Martindale-Hubbell®, to the North Carolina Advocates for Justice (NCAJ).

For the 2021 edition, Attorney White was listed in Super Lawyers® for the following practice areas in Raleigh, North Carolina:

• Class Action/Mass Torts: Plaintiff

Our entire legal team at Wilson Law, P.A. congratulates Attorney White on her continued North Carolina Super Lawyers® selection! We are excited to see what she will achieve on behalf of injured North Carolina citizens in 2021.

Read more in our Press Release. 

Attorney Kimberly Wilson White and her firm represent clients who suffered injury because of defective products and medical devices, and dangerous drugs and vaccines. Contact her firm online or at (919) 890-0180 for a free consultation.

To learn more about Super Lawyers®, visit superlawyers.com.

What Is a Workers’ Comp Claim?

In North Carolina, workers may file a workers’ comp claim within two years after they are injured on the job. If approved, they will be able to receive medical benefits for any professional care they need to aid in their recovery. In some cases, they may qualify for wage replacement assistance in the form of disability benefits.

There are four main types of disability benefits: Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD). Which one you qualify for will depend on the severity of the injury and how much time you must miss from work per a doctor’s orders.

In other cases, you may qualify for vocational rehabilitation benefits if an injury renders you unable to perform your job any longer. In the tragic case of work-related death, the deceased worker’s surviving loved ones (spouse, children, and other dependents) may receive two-thirds of their lost loved one’s wages through death benefits.

Filing Deadlines in Raleigh

The state may allow two years, as mentioned, to file a claim, but you should notify your employer in writing as soon as possible. Moreover, it is best to file your formal claim (Form 18: “Notice of Accident to Employer and Claim of Employee, Representative, or Dependent”) no later than 30 days after the accident.

Before submitting your official claim to the N.C. Industrial Commission, contact an attorney at Wilson Law, P.A. for a free consultation. We’ll make sure you understand your rights before submitting a claim to the Industrial Commission, potentially saving you from having to appeal.

Don’t Wait. Call Wilson Law, P.A. Today!

Many injured workers pursuing workers’ compensation may not know it is advisable to seek the counsel of a professional attorney, but it can be hugely beneficial to your claim. Unfortunately, a large portion of these claims are partially or completely denied, whether due to insufficient paperwork, missed deadlines, or an uncaring employer and/or insurance company. Wilson Law, P.A. wants to help you expedite the process and fight for your fair compensation.

Contact us online or call us at (919) 890-0180 to begin with a free consultation.

In recognition of this problem, the National Vaccine Injury Program was created by the U.S. government to pay for known and documented vaccine-related injuries. Funded by vaccine manufacturers in exchange for immunity from civil suit, the National Vaccine Injury Program compensates the victims of vaccine injuries for the following types of damages:

• Medical expenses related to the vaccine (past and future)
• Lost wages
• Pain and suffering/emotional distress
• Wrongful death

The program also pays attorney and expert witness fees; thus, unlike personal injury cases filed in the civil court system, victims of vaccine injuries will keep the full amount of the monetary compensation awarded.

As an American, you have the right to compensation if you’ve been injured by a common vaccine. Sadly, too many people have no idea the National Vaccine Injury Compensation Program (NVICP) even exists. We urge you to learn more if you think you might have a claim. It could provide the help you and your family need to get through the challenges caused by an injurious vaccine.

Why Do Vaccine Injuries Happen?

Physical Harm from Injection

Vaccine injury can be caused either by the ingredients in the injection or the way your dose has been administered. A significant percentage of injury claims brought to the NVICP are made by patients whose shoulders were injured by vaccines. This may sound trivial compared to the serious, even fatal, conditions that others may endure, but losing the function of one of your arms, even temporarily, is highly disruptive, and often very painful. Physical therapy or surgical interventions may be necessary for someone injured in this way to recover. Anyone who has suffered shoulder pain or loss of range of motion after administration of a vaccine likely has a legitimate claim for compensation through the NVICP.

Immune Reactions

Our immune systems may also overreact to inoculation, though doctors do not understand why this happens. An increased risk of conditions like Guillain-Barré Syndrome (GBS) have been seen in patients receiving seasonal flu vaccines. Guillain-Barré syndrome (GBS) is a rare disorder where the body’s immune system damages nerve cells, causing muscle weakness and sometimes paralysis. While a GBS diagnosis after a flu vaccine is rare, when it happens, it is serious.

Thankfully, GBS can be treated and typically subsides over time. However, patients can lose months of their lives to disorders like this. The NVICP will evaluate these types of claims, and may award monetary compensation to make up for the losses, and pain & suffering, you or your loved one endured due to the injury.

Our Vaccine Injury Program Could Help You and Your Family

We urge you to reach out to our team if you think a vaccine caused you injury. The NVICP does not cover all vaccines or all injuries. Our team can evaluate your case to determine whether initiating a claim by filing a Petition in the U.S. Court of Federal Claims is appropriate.

How Vaccine Court Differs from Personal Injury Cases

If we think you have a valid NVICP claim, our team at Wilson Law, P.A. will walk you through the process, gather all the evidence including your medical records, review your records and file a Petition on your behalf . Unlike civil courts, where a claimant must prove liability, causation and damages, the vaccine court evaluates your Petition under the presumption that the vaccine caused your injury if you have a “table” vaccine and a “table” injury. It’s largely a no-fault, non-adversarial system. However, you will have to provide evidence to support your claim (such as medical records and witness testimony) but will not have to prove liability. This means the process is much simpler and quicker than a typical personal injury claim in filed in the civil court—this is important to anyone who needs compensation to help with an injury.

However, sometimes the U.S. Government will reject the assertion that the vaccine caused the injury; or, an injury caused by a vaccine is not a “table” injury. Our team at Wilson Law, P.A. can evaluate and handle those situations as well.

Not all claims are accepted, so it is important to have an experienced vaccine lawyer protecting your interests.

If your claim is ultimately accepted, you will receive compensation for your damages and the NVICP will pay our fees for representing you. That means your settlement is 100% yours. You can learn more about the process from our Vaccine Injury Program FAQ.

Do You Think You Have a Case?

Though we are advocates of vaccines, our team is here to fight for those who sustained an injury after receiving a vaccination. We urge anyone who has been injured as a result of a vaccine to contact Wilson Law, P.A. for a free and private consultation.

Contact our vaccine injury attorney at (919) 890-0180 with your case, or send us a message online. We can help you navigate a vaccine injury claim with the government.