Liability for COVID-19 and Flu Vaccine Errors

The COVID-19 vaccine and booster rollout have brought on a feeling of hope and relief for many people throughout the country. However, like any other pharmaceutical or holistic remedy, there are various points where something can go awry. Maryland and federal law surrounding vaccine errors involve the complex interplay of various legal theories and immunities. As such, those who have experienced a pharmaceutical injury should contact an experienced attorney to discuss their rights and potential remedies.

Generally, when a person suffers injury after a vaccine, they may seek damages and benefits through the National Vaccine Injury Compensation Program (VICP). Lawmakers designed this program to compensate those who have suffered injuries because of a vaccine. However, the program does not cover all vaccinations and generally applies to standard inoculations such as childhood vaccines and the flu shot. Common vaccine side effects include injection site reactions, tiredness, headache, muscle pain, and fever. In more serious and rare cases, vaccines may result in shoulder injury, autoimmune disorders, and cognitive issues.

The public has reacted in a myriad of ways after the release of the COVID-19 vaccine. Despite promising results, the medications have not been subject to the standard timeline of many other vaccines. However, the top complaints to the Institution of Safe Medication Practices (ISMP) involve vaccine errors instead of vaccine injury.

Between Dec 2020 through April 2021, the most common COVID-19 vaccine error involved administration errors. The administration errors included syringe malfunction, leakage, and dosage errors. Other errors included administration to ineligible populations, such as those under 16 years. While some of these errors continue to occur, the most critical error involves mixups between the COVID and flu vaccines.

The director of Error Reporting at ISMP explained that many errors occur because the CDC recommends that individuals receive both vaccines simultaneously. As a result, people are receiving unintended vaccines or incorrect dosages. In an effort to prevent these errors, officials urged providers to prepare and label the syringes. Despite best practices, potentially harmful and fatal medication occurs continues to occur.

Can You Sue a Pharmacy After a COVID-19 Vaccine Error?

Yes, state and federal law permit patients who suffered harm as a result of a COVIC-19 vaccination error to pursue a claim for compensation against the pharmacy. Those who have suffered injuries because of a vaccine error should contact a Maryland personal injury attorney. These cases are rarely straightforward and require an in-depth understanding of personal injury and wrongful death laws. Those who have successfully resolved their complaints may be eligible for monetary compensation for their injuries. Damages in these cases typically include payments for medical expenses, emergency treatment, ongoing rehabilitation, lost wages and benefits, and pain and suffering.

Have You Suffered a Pharmaceutical Injury?

If you or someone you love has suffered serious injuries related to a vaccine or other pharmaceutical, contact Lebowitz & Mzhen. The Maryland pharmacy injury lawyers on our team have years of experience successfully handling complex cases on behalf of Maryland injury victims. Our attorneys represent clients in many types of Maryland accident claims, including those stemming from motor vehicle crashes, construction site accidents, slip-and-falls, defective products, medical malpractice, nursing home abuse, and wrongful death. Contact our office at 800-654-1949 to schedule a free initial consultation with a lawyer on our team.


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