Pharmacy Error Injury Lawyer Blog
Pharmacies across Maryland play a major role in seasonal flu vaccination, especially during the busy fall and winter months. Most visits go smoothly, yet some patients suffer serious shoulder injuries or other complications because the shot was given incorrectly or the wrong vaccine was used. National reports show growing compensation awards for injuries such as SIRVA, a shoulder condition linked to improper injection technique, and highlight ongoing litigation involving vaccine administration errors.
If a pharmacist or technician mis-administers a flu shot, gives the wrong dose, or injects the vaccine in the wrong location, you may have a compensation claim. The path to recovery can involve both the federal Vaccine Injury Compensation Program and, in some situations, a state malpractice or negligence case.
How Do Flu Shot Errors Happen?
During peak flu season, pharmacy staff handle a high volume of patients. That pressure increases the risk of mistakes, including:
- Injecting too high on the shoulder, into the joint capsule rather than the deltoid muscle;
- Using the wrong needle length for the patient’s body type;
- Confusing vaccine products or doses when multiple shots are stocked in the same fridge; and
- Failing to verify a patient’s identity or allergy history before injection.
Pharmacy Times recently discussed cases where patients developed severe shoulder pain, limited mobility, and long-term disability after routine shots, including a million-dollar award to a health care worker whose arm injury prevented her from performing daily tasks. These stories show that flu shot injuries are real and can be life-changing.
What Symptoms Signal A Possible Flu Shot Injury
Not every sore arm qualifies as a compensable injury. However, some warning signs suggest a more serious problem:
- Sharp shoulder pain that starts within hours of the injection and persists;
- Limited range of motion that makes it hard to lift the arm or perform routine tasks;
- Night pain that interferes with sleep weeks after the shot; and
- Swelling, weakness, or tingling that does not improve with rest.
Those symptoms may indicate SIRVA or another injection-related condition. Prompt evaluation by a medical professional helps document the link between the shot and your symptoms, which is essential for any future claim.
How The Federal Vaccine Injury Compensation Program Works
Many flu shot injury claims must first go through the federal Vaccine Injury Compensation Program rather than traditional civil court. The program covers certain vaccines, including seasonal influenza, and provides a no-fault path to compensation for patients who meet specific criteria.
A petition to the program usually requires medical records documenting the vaccine, the timing of symptoms, diagnosis, and treatment. If the claim succeeds, the program can pay for medical bills, lost wages, and pain and suffering, subject to statutory limits. Experienced counsel can help decide whether your situation fits the program’s guidelines and how to assemble the necessary documentation.
When A Maryland Pharmacy Malpractice Claim May Be Appropriate
Some situations may support a separate Maryland malpractice or negligence case, particularly when the issue involves:
- Administration of an entirely wrong vaccine;
- Failure to check known allergies; and
- Dispensing and administering a product to the wrong patient.
Maryland law requires proof that the pharmacy breached the applicable standard of care and that this breach caused your injury. That typically involves expert witnesses, detailed medical records, and evidence of pharmacy protocols. These cases can be complex, which is why early legal analysis matters.
What To Do If You Suspect A Flu Shot Error In Maryland
If you believe a flu shot caused a serious shoulder injury or other complication, a few steps can protect your health and your potential claim:
- Seek prompt medical care and tell your provider exactly when symptoms started in relation to the shot.
- Ask the pharmacy for copies of your vaccination record, including the product name, lot number, and injection site notes.
- Write down your symptoms, how they affect work and daily tasks, and any limitations on activities you used to enjoy.
- Avoid signing liability waivers or releases from the pharmacy until you understand your options.
These actions create a timeline that connects the vaccine administration to your injury and helps your lawyer choose the right forum for your claim.
How a Lawyer Helps With Flu Shot And Pharmacy Error Cases
Pharmacy and vaccine injury claims involve overlapping federal and state rules, short filing deadlines, and technical medical questions. A lawyer familiar with Maryland personal injury law and vaccine claims can sort out where to file, what evidence you need, and how to present your case in a way that insurers and courts take seriously. Representation also removes pressure to negotiate directly with large pharmacy chains or their insurers while you are trying to heal.
Talk With A Maryland Pharmacy Error Lawyer About A Flu Shot Injury
If you suffered a significant shoulder injury or other complication after a flu shot in Maryland and want to know whether a pharmacy error or improper administration played a role, you can call Lebowitz & Mzhen Personal Injury Lawyers at (800) 654-1949 for a free consultation. The firm can review your records, explain how the Vaccine Injury Compensation Program interacts with Maryland law, and help you pursue compensation for the harm caused by a preventable vaccination error.