If you or a loved one have suffered a vaccine-related injury over the course of the COVID-19 pandemic, you might be considering a COVID vaccine lawsuit. Pharmaceutical companies worldwide rolled out COVID-19 vaccines towards the end of 2020, and consumers have since reported cases of severe allergic reactions and other side effects. Several coronavirus vaccines lacked comprehensive clinical trials before receiving FDA approval, and many people have questions about efficacy, long-term effects, and the possibility of vaccine injury.
While the results have mainly been positive, there are still uncertainties about the risks involved. Manufacturers and regulatory bodies may miss critical safety issues when rushing products through the Food and Drug Administration (FDA) approval process, and consumer hesitancy remains high. Will those who do receive the coronavirus vaccine find recourse for unexpected health complications?
Read on to find out what Vaccine Injury Help Center has to say about some of the implications of filing a COVID vaccine lawsuit in the United States.
What is a “Vaccine Injury?”
According to the United States Centers for Disease Control and Prevention (CDC), an adverse event following immunization (AEFI) is any health issue that appears after receiving a vaccination. The adverse event could be directly linked to the vaccine or coincidental.
Manufacturers usually identify moderate to severe vaccine side effects during clinical trials. For example, ‘mild’ symptoms may disappear on their own, whereas severe reactions require medical intervention. Locally reported details of vaccine injuries vary considerably, from shoulder paralysis as medical practitioners insert injections too high into the deltoid muscle to cases of fatality.
Who is Liable for a COVID Vaccine Injury?
There are complex legal issues surrounding the COVID-19 Vaccine administration. In a state of emergency, entities like the United States government protect vaccine manufacturers from lawsuits. The legal framework works in the interest of accelerating the production of essential medications and vaccines, and COVID-19 has been one such example.
In February 2020, the Health and Human Services (HHS) secretary invoked the 2005 Public Readiness and Emergency Preparedness Act. The law can grant legal immunity to companies producing or supplying essential medical products and vaccines unless the company commits “a deliberate misconduct.” This immunity is valid until 2024, which means that you cannot file a COVID vaccine lawsuit against these companies for the next four years, even if you experience severe side effects or other injuries resulting from the use or administration of products to protect you against the coronavirus.
Is it Possible to Sue the Food and Drug Administration after a COVID Vaccine Injury?
The federal court and Food and Drug Administration are virtually off-limits in terms of assigning blame for medical issues after a vaccine. While the FDA has approved the COVID-19 vaccine for mass distribution, you cannot sue this entity over a severe reaction to these vaccines. However, it is possible to file a medical malpractice claim related to a coronavirus vaccine if there is evidence of improper administration or handling.
A COVID vaccination injury claim will be less daunting with the support of experienced legal professionals like Vaccine Injury Help Center. We can advise you on the legal ramifications of your experience and guide you on how to move forward against the offending parties. For example, if your healthcare provider gives you the wrong dosage or reuses a syringe, you may have a successful malpractice claim.
Can You Sue Your Employer for Your COVID Vaccine Injury?
If your workplace is part of the myriad businesses now mandating employees and other stakeholders to receive the COVID-19 vaccine, you may be wondering about your choices should something go wrong. Retailers, universities, and frontline emergency services are examples of organizations that serve people in person or on-site, and their risk aversion is understandable. Other industries have made the same move as a public relations strategy.
Requiring a vaccine is a health and safety measure in a workplace, and your employer can make it mandatory for their staff. While you may not be interested in the vaccine, you should realize that it could be well within employers’ legal rights to impose such vaccine requirements. However, there are some exceptions, like an employer needing to negotiate with a unionized workforce before placing a vaccine mandate on these staff.
Anti-discrimination laws could provide some protection or grounds for a COVID vaccine lawsuit. For example, The Americans with Disabilities Act (ADA) allows you to request an exemption if you don’t want a vaccination for medical reasons. If it violates a “sincerely held” religious belief, you may be able to opt out under Title VII of the Civil Rights Act of 1964.
If none of these exemptions apply to your situation, there may still be legal recourse available. For instance, if you suffer an illness or injury due to a work-mandated COVID-19 vaccine, the authorities may recognize it as an on-the-job injury liable for workers’ compensation claims. Why not connect with Vaccine Injury Help Center for clarity on your legal options?
The Countermeasures Injury Compensation Program (CICP)
The Countermeasures Injury Compensation Program (CICP) is the surest way to seek recourse for a COVID vaccine injury. The little-known government program has been around for about ten years under a Health and Human Services (HHS) agency. It focuses on H1N1, anthrax, and other vaccines with injuries that require:
- Payment of medical expenses
- Coverage of partial loss of earnings
- Death damages
If your CICP claim succeeds, you may receive reimbursed lost earnings and out-of-pocket medical expenses, but not legal fees coverage. They do not offer compensation for pain and suffering but will pay compensation to surviving family members if the COVID-19 vaccine results in death. The CICP is the last stop after:
- workers’ compensation plans,
- health insurance policies, and
- Department of Veterans Affairs (VA) participation.
The CICP involves an administrative process, not a court ruling. Claimants cannot appeal an unfavorable outcome, even at the supreme court, and there is a strict side effects timeline to qualify for compensation.
You can also get other compensation from the government under the Vaccine Injury Compensation Program (VICP). Vaccine Injury Help Center can help you to get what you are entitled to. Check out this program and see if you are eligible.
How Can The Law Offices of Sadaka Associates Help With a COVID Vaccine Lawsuit?
The pandemic has had a detrimental effect on many lives, and Vaccine Injury Help Center wants to lend its support. Whether your vaccine injury followed the decisions or impositions of those in authority or an administrative fault, our competent vaccine attorneys can help. The team will gladly review your case and advise you on a way forward.
Contact Vaccine Injury Help Center today to discuss your options for filing a COVID vaccine lawsuit or CICP claim.
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You Only Have Three Years To File Your Claim
The first step in helping yourself or a loved one after a serious vaccine related injury is to contact us for a free review of your case.