As vaccination rates for COVID-19 continue to increase throughout the country, vaccine errors—although uncommon—do continue to occur. Individuals who suffer injuries due to a Maryland vaccine error may be able to file suit against the person and entities responsible for the error. Most vaccine errors are not purposeful, but rather are the result of mistakes. These lawsuits generally are based on negligence.
A negligence claim requires that a plaintiff demonstrate that a person or entity had a duty to act a certain way towards the plaintiff, failed to meet that duty by acting or failing to act in some way, the failure caused the plaintiff damages, and the plaintiff suffered damages. Generally, negligence claims must be filed within three years of the date of the injury. A plaintiff has to show that it is more likely than not that the victim’s injuries were caused by the defendant’s conduct.
What Are the Risks of a Vaccine Error?
Some vaccine error cases may cause the vaccine to be ineffective, exposing the patient to harm as an unvaccinated individual. Other vaccine errors can directly result in injury and even death. Pharmacists, pharmacies, manufacturers, hospitals, doctors, nurses, and other medical providers all may be potential defendants in vaccine error cases. Filing a vaccine error lawsuit requires substantial time and diligence before and after filing the lawsuit, including investigating the claim and potential defendants, properly filing and serving the complaint, meeting deadlines, filing motions, engaging in negotiations, and trying the case. Damages may include past and future medical treatment, lost income, pain and suffering, loss of companionship, and loss of parental care.
Patients Received Improperly Mixed COVID-19 Vaccines
Some individuals who received a COVID-19 vaccine recently may have received a deactivated dose of the vaccine, according to one news source. The Walgreens pharmacy where the vaccines were administered confirmed that staff mistakenly diluted the Pfizer COVID-19 vaccine that was administered with sterile water instead of with saline. The pharmacy stated that it was trying to get in touch with affected patients and that it would administer new COVID-19 vaccines to those patients when they were available to return to the pharmacy.
One health officer explained that the Pfizer vaccine requires a specific solution for dilution and that other diluents could deactivate the vaccine. One individual whose 17-year-old daughter received a vaccine with the incorrect diluent said that they worried about the effects of getting another first dose after having already received a previous dose.
Contact a Maryland Medication Error Attorney
Victims of Maryland medication errors should consult a Maryland medication error attorney as soon as possible. At Lebowitz & Mzhen, LLC, our personal injury lawyers can guide victims through each step of the proceedings, ranging from the initial investigation through settlement negotiations and any litigation that becomes necessary. Our attorneys represent clients in medication error cases and other negligence and medical malpractice cases in the Baltimore, Maryland region and the surrounding areas. Contact our firm online by completing our contact form or call toll-free at (800) 654-1949 to set up a free, no-obligation consultation.