Liability for Ineffective or Harmful Vaccines in Maryland

Although the COVID-19 is generally accepted to be safe, some people may still have adverse reactions to the vaccine. Like all vaccines, the vaccine still carries some risk of a Maryland medication error. The vaccine may have adverse side effects. It also will not be 100% effective for everyone, and it is unclear how long immunity will last.

Are Pharmacies Immune for Their Vaccination Mistakes?

The federal government granted companies immunity from liability for the development and administration of vaccines unless there is “willful misconduct” on the part of the companies making and distributing the vaccines. Pharmacists in Maryland are allowed to administer vaccines, and the federal government has declared pharmacists as covered under the emergency preparedness act allowing them to administer the vaccine without risk of liability. Yet pharmacists must also follow the federal government’s guidance to qualify for protection. Pharmacists must complete required training, administer an FDA-approved vaccine, administer according to the vaccination schedule, and follow record-keeping and reporting requirements.

Thus, in limited circumstances, injured patients may be able to recover compensation for their injuries. Victims of medical malpractice may be able to recover compensation if they prove that a healthcare professional failed to meet the standard of care in providing care to the patient by negligently acting or failing to act in some way.

Pharmacist arrested after Spoiling Over 500 COVID-19 Vaccines

A pharmacist has been arrested and accused of intentionally spoiling over 500 doses of coronavirus vaccines. According to one news source, the pharmacist took out 57 vials containing about 10 doses of vaccines each from a refrigerator and left them out overnight. A pharmacy technician found the vials outside the refrigerator where they had been stored. At first, the pharmacist said it was a mistake but later admitted that it was intentional and that he had removed the same vials on a previous day. The licensed pharmacist reportedly knew this would render the vaccines ineffective and that he did so because he believed they were “unsafe.”

An estimated 57 individuals had already received a dose of the vaccine that had been left outside. Authorities said the doses would not have an adverse effect. The pharmacist was fired and arrested by local law enforcement. The police recommended charges of first-degree recklessly endangering safety, criminal damage to property, and adulterating a prescription drug. The cost of the spoiled vaccines was estimated at $8,000 to $11,000.

Contact a Maryland Pharmacy Lawyer

If you have been affected by a Maryland pharmacy error, contact an attorney with experience in pharmacy error cases. Attorneys with experience with pharmacy error cases can examine relevant medical information in the case to determine whether a medical provider may be liable. The law firm of Lebowitz & Mzhen, LLC represents victims of medication errors and other wrongful conduct throughout Maryland, Virginia, and the Washington, D.C. area. We have more than twenty years of experience litigating claims related to medication errors, and all other types of personal injury claims. Call 1-800-654-1949 or fill out our online form to schedule a free consultation. Calling is free, and we will not bill you for our services unless we can help you obtain compensation for your injuries.

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