While more Americans are willingly taking the COVID-19 vaccine to protect themselves and the vulnerable individuals around them, it is understandable that consumers question the efficacy and safety of the vaccine. Maryland pharmaceutical errors can occur in various situations, and despite the safety of the vaccine, accidents and reactions can occur. Although there has been an overwhelming number of safe vaccinations, some people have suffered serious reactions. The common side effects of the vaccine include pain, redness, swelling, tiredness, muscle pain and fever. However, a small number of people suffered anaphylaxis, thrombosis, and heart issues. These cases are exceedingly challenging, mainly because the vaccines have not been subject to the same testing standards as other medications and vaccines.
Communicable diseases can threaten the livelihood of an entire population, and the government goes to great lengths to ensure that the public has access to critical medications and vaccines. However, in turn, the government created a safety net to protect those who do suffer an adverse reaction or injury because of a vaccine. Historically the National Vaccine Injury Compensation Program (VICP) compensates those who suffered injuries because of a childhood vaccine injury. To qualify for the program, the claimant’s injuries must meet certain thresholds, and the suit must be brought within the statute of limitations. However, injuries related to the COVID-19 vaccine would not fall under VICP’s protections.
Do Vaccine Manufacturers Have Immunity?
Yes, the Department of Health and Human Services provides immunity to companies that develop vaccines to address emergent diseases and viruses. As such, the Countermeasures Injury Compensation Program (CICP) prevents consumers from suing a COVID-19 vaccine producer unless the company engaged in willful misconduct. In these cases, affected consumers can only recover if they meet the program’s high evidentiary standards. Although compensation is available under the program, it is much less than is available under VICP.
The delicate nature of the vaccines and the fact that some are required in ultra-cold temperatures may impact the efficacy or safety of the vaccine. In these cases or similar situations where consumers suffer injuries because of the improper handling, storage, or administration of the vaccine may have a Maryland medical malpractice claim. However, it is unlikely that a consumer would successfully file a lawsuit for improperly handled vaccines. In most cases, these claims are only available in particular circumstances that involve a healthcare provider’s negligence. It is important that vaccine injury victims contact an attorney to discuss their rights and potential remedies.
Have You Suffered Injuries Because of a Pharmaceutical Error?
If you or someone you love has suffered serious injuries or died because of a medication, vaccine, or healthcare provider’s error, contact Lebowitz & Mzhen for assistance. At our office, the Maryland pharmaceutical error attorneys have years of experience successfully representing injury victims and their families. Our firm also handles Maryland injury cases involving premises liability, products liability, medical malpractice, and catastrophic accidents. Our attorneys possess the extensive knowledge, skills, and resources that these cases require. We have recovered significant amounts of compensation on behalf of our clients. Contact our office at 800-654-1949 to learn how we can help you recover damages for your losses.