Rescission of Revisions to the Vaccine Injury Table

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On July 20, 2020, the Department of Health and Human Services published a Notice of Proposed Rulemaking proposing to amend the Vaccine Injury Table by removing Shoulder Injury Related to Vaccine Administration (“SIRVA”), vasovagal syncope, and the new vaccines category, Item XVII. A Final Rule amending the Table was published on January 21, 2021; however, the Department of Health and Human Services delayed the effective date of the Final Rule until April 23, 2021, to allow incoming President Biden’s Administration the opportunity to review the rule for any questions it may raise if it should go into effect. Thereafter, on March 17, 2021, the Department of Health and Human Services published a Notice of Proposed Rulemaking to rescind the January 21, 2021 Final Rule.

Effective April 22, 2021, the January 21, 2021 Final Rule removing SIRVA, vasovagal syncope, and the new vaccines category (Item XVII) from the Table has been withdrawn, and they remain on the Vaccine Injury Table. You can review this rule here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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