Blog

0 minute read
What to Do If You Have Suffered Injuries from a Vaccine
Cameron Hawkins • September 14, 2021
Injuries due to vaccines

Vaccines and many treatments and diagnostic tests related to COVID-19 hold a unique space in personal injury law. The liability protections afforded to drug manufacturers for vaccines have been in place since the late ‘80s. COVID-19 diagnostics, treatments, devices and vaccines receive similar liability protections through a PREP Act declaration.


That doesn’t mean people who suffer adverse reactions to vaccines have no legal recourse to pursue compensation for their damages.


Instead of filing a claim against the drug manufacturer, you would need to petition the National Vaccine Injury Compensation Program (VICP) or, in the case of negative reactions to the COVID-19 vaccine reactions, the Countermeasures Injury Compensation Program (CICP).


Are Drug Manufacturers Who Make Vaccines Immune from Liability?

Not entirely – at least not in every case. According to federal law:

No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.


What that essentially means is you cannot sue the vaccine company if there was technically nothing wrong with the vaccine and you just happened to be allergic to it.


However, if the vaccine manufacturer failed to exercise an appropriate standard of care when making the vaccine or packaging the vaccine – or there was some error in the warnings or directions supplied with the vaccine – the manufacturer could still be liable for injuries.


A doctor, pharmacist, nurse practitioner or another medical professional administering the vaccine could also be liable if they make a mistake that results in an injury. For example, if you received an excess dose of the COVID-19 vaccine and suffered severe side effects as a result, the person administering the dose, not the manufacturer, would potentially be liable.


Why Do Vaccine Makers Have Liability Protection?

The United States government has ample evidence that vaccines are a huge net benefit for the nation’s citizens. The Federal Government wants to encourage drug manufacturers to make good vaccines in large quantities. Vaccine manufacturers would be deterred from making vaccines if they were constantly at risk for large liability lawsuits.


Are Negative Reactions to Vaccines That Common?

Although allergic reactions to vaccines are rare, they can and do occur. As of the end of August 2021 nearly 205 million people in the United States have received at least one dose of a COVID-19 vaccine. Some of the documented serious side effects have included things like:


  • Anaphylaxis (a severe allergic reaction): two to five people per million vaccinated
  • Thrombosis with thrombocytopenia syndrome: 44 confirmed reports out of 14 million J&J doses and two cases from Moderna vaccines
  • Guillain-Barré Syndrome (GBS): 167 preliminary reports out of 14 million J&J doses
  • Myocarditis and pericarditis: 1,339 reported (778 confirmed) after mRNA COVID-19 vaccines (Pfizer-BioNTech or Moderna)


All of those cases combined account for a miniscule percentage of people who received one of the three vaccines.


Many of those reports are still under investigation by the CDC and FDA to definitively prove a causal link between the vaccines and the illnesses.


It’s possible someone could have already had GBS, myocarditis or pericarditis prior to receiving the vaccine, or they might have only been diagnosed after receiving the vaccine. When there are literally hundreds of millions of people receiving these vaccines, it’s necessary to rule out correlations that might just be coincidences.


All that being said – many people who suffered these side effects may need and legally deserve compensation to deal with their increased medical costs. COVID-19 vaccine recipients in these situations should petition the CICP.


What Does the CICP Cover?

If you have a legitimate CICP claim related to a COVID-19 vaccine or product, you could be eligible to receive compensation for:


  • Medical expenses
  • Lost wages
  • Survivor death benefits


It’s important to note the CICP does not cover all the potential damages you might be eligible to receive in a dangerous product or medical malpractice lawsuit. For example, you wouldn’t be eligible to receive punitive damages or pain and suffering damages.


What Other Products Receive Liability Protection From the PREP Act and CICP?

You can view the full list of covered countermeasures here. The coverage extends to anything designed to prevent, diagnose or treat COVID-19, including:


  • Antivirals
  • Drugs
  • Diagnostics
  • Respiratory protective devices
  • Vaccines


However, counterfeit or unapproved products don’t receive the same protection. It must be a “qualified pandemic or epidemic product” that meets the certification requirements of:


  • The PREP Act
  • FDA
  • Public Health Service Act
  • Respiratory protective devices approved by National Institute for Occupational Safety and Health (NIOSH)


That means a company that’s making knock-off hand sanitizer isn’t protected by the PREP Act declaration. If you or a loved one are sickened by or suffer a negative reaction to products that don’t receive PREP Act protection, you should speak with a personal injury lawyer.


How Do You File for CICP Benefits?

You can find the steps for filing a CICP claim on the Health Resources & Services Administration website.


You will need to fill out and submit a Request Package. If the CICP medical staff determine you have an eligible covered injury, you’ll be asked to provide additional documentation so they can determine how much compensation you’re entitled to receive. If your initial claim petition is denied you may be able to appeal the decision.


You are allowed to contact an attorney for assistance with your CICP claim. If you’re confused about the process or believe your claim is being wrongfully denied, the team at Edwards & Hawkins is here for you.



Call us at 404-526-8866 for a free consultation if you believe you have suffered a vaccine injury in Atlanta. 

By Cameron Hawkins January 24, 2025
Unsure whether claims-made or occurrence malpractice insurance is right for you? Cameron Hawkins Law explains the key differences and how each policy impacts coverage.
By Cameron Hawkins January 15, 2025
Service liability risks can lead to costly lawsuits. Cameron Hawkins Law in Atlanta explains how to assess your business for potential risks and protect against legal claims.
By Cameron Hawkins January 14, 2025
Strong company policies help prevent workplace harassment and legal issues. Cameron Hawkins Law in Atlanta outlines key strategies to build a safe, compliant work environment.
By Cameron Hawkins January 10, 2025
Avoid wrongful termination claims with strong employment contracts. Cameron Hawkins Law in Atlanta shares best practices to safeguard your business and ensure compliance.
By Cameron Hawkins December 20, 2024
Learn how to handle claims from employee negligence effectively. Contact the Law Office of Cameron Hawkins in Atlanta, GA, for expert legal advice today!
By Cameron Hawkins December 16, 2024
Discover how social media posts can impact business liability cases. Get expert legal guidance from the Law Office of Cameron Hawkins in Atlanta, GA.
By Cameron Hawkins December 10, 2024
Learn why thorough documentation is vital when defending against personal injury claims. Protect your rights with expert insights from the Law Office of Cameron Hawkins in Atlanta, GA!
By Cameron Hawkins December 6, 2024
Need help with claims involving independent contractors? Contact the Law Office of Cameron Hawkins in Atlanta, GA, for expert legal guidance today!
Learn how to address employee negligence and mitigate its impact. The Law Office of Cameron Hawkins
By Cameron Hawkins November 27, 2024
Employee negligence can have significant consequences for businesses, potentially resulting in costly claims, damage to reputation and operational setbacks. Fortunately, there are effective approaches to discourage employee negligence and handle claims if they do arise.  Employee Negligence and Its Impact on Business Liability Employee negligence occurs when an employee fails to perform their duties with reasonable care, resulting in harm or loss. Examples can range from minor oversights, like forgetting to secure sensitive documents, to severe incidents, such as driving a fleet vehicle while intoxicated or ignoring safety protocols. The implications of employee negligence may include: Financial Loss : Claims stemming from employee negligence can lead to costly legal battles, payouts and increasing insurance premiums. Reputation Damage : High-profile negligence cases can harm a company's public image, leading to a loss of trust among customers, partners and potential hires. Clients or vendors may hesitate to engage with a company perceived as having poor standards or safety protocols. Operational Disruptions : The fallout from a negligence claim can disrupt daily operations, particularly if investigations or legal proceedings demand substantial time and resources from company leaders. Increased Regulatory Scrutiny : Depending on the industry, negligence can invite additional oversight from regulatory bodies, resulting in audits, fines or mandatory corrective actions. Strategies for Preventing Employee Negligence Preventing employee negligence is one of the best ways to defend your business against liability claims. Companies can adopt a proactive approach by implementing policies, training and monitoring mechanisms. Comprehensive Training Programs Employees should undergo regular training that covers core responsibilities, industry regulations and specific job functions. Training should also address general areas like workplace safety, cybersecurity and customer service. In fields with strict safety protocols, like healthcare or construction, scenario-based training is particularly valuable. Clear Policies and Procedures Establishing clear, accessible policies is crucial to setting standards for employee behavior. These documents should outline expected practices, potential consequences for negligence and steps employees can take to prevent errors. Implementing clear procedures not only improves adherence but also provides a reference for employees who might be unsure of the correct action to take in a particular situation. Use of Technology for Monitoring and Accountability Modern technology can play a valuable role in reducing negligence, especially in industries with high-risk activities. Some examples include: Security Monitoring Software : These tools track data access and ensure that employees do not share or mishandle sensitive information. In industries like finance or healthcare, these tools are essential for maintaining compliance and accountability. Automated Task Trackers : For industries with repetitive or procedural work, task trackers can help employees follow through on each required step. These systems improve productivity and reduce the chances of missing critical steps. Establishing a Culture of Responsibility and Accountability Creating a culture where employees feel responsible for their actions and comfortable reporting mistakes encourages vigilance and corrective action. This can be achieved through: Open Communication : Encourage employees to voice concerns and share suggestions for improving workflows. Rewarding Safety-Conscious Behavior : Recognize employees who demonstrate responsibility and attentiveness to reinforce a safety-conscious work environment. Managing Claims Resulting From Employee Negligence Despite preventative measures, claims may arise due to employee negligence. Effectively managing these claims is essential to protect your company from potential damage. Below are some steps for handling claims due to employee negligence. Investigate the Incident Thoroughly An in-depth investigation is crucial for determining the cause of an incident and assessing the validity of the claim. Collect all relevant documentation, including any witness statements, video footage or internal records, to understand what led to the incident. This investigation not only provides clarity but also demonstrates that your company takes such incidents seriously. Notify Insurance Providers Promptly Contact your insurance provider as soon as a claim arises. Timely notification ensures that claims are managed within policy guidelines and increases the likelihood that legal fees and settlements will be covered. Insurance providers can also guide you through the claims process, offering additional support for your response strategy. Develop a Communication Strategy Maintain transparent communication with affected parties, including the claimant, employees involved and any stakeholders. Avoid admitting liability prematurely, as this can weaken your position in negotiations or court. Instead, convey that the incident is under investigation and assure all parties of your commitment to rectifying the issue. Seek Legal Guidance Legal support is critical to managing claims effectively. An experienced attorney can assess the claim, advise on liability issues and represent your company in negotiations or court. An experienced business liability defense lawyer can also help identify and develop potential defenses. Document and Improve Procedures After resolving a negligence claim, review and improve any relevant policies, procedures or training programs to prevent future occurrences. Identifying gaps and making changes not only enhances safety but also reduces the likelihood of future claims. Additionally, demonstrating a commitment to improvement can favorably impact settlements, insurance renewals and regulatory reviews. Contact Our Skilled Atlanta Business Liability Litigation Attorneys Today If your business is facing claims due to employee negligence, The Law Office of Cameron Hawkins is here to help. With extensive experience defending companies against negligence claims, our team will work diligently to protect your business’s financial interests and reputation. Contact us today for a consultation or give us a call at (678) 921-4225.
By Cameron Hawkins November 19, 2024
Thorough documentation is your first line of defense. Learn how the Law Office of Cameron Hawkins in Atlanta helps businesses navigate personal injury claims.
More Posts
Share by: