COVID-19 Injury Lawyers

Can I Sue for Vaccine Side Effects?

Posted June 2, 2021

After the COVID-19 vaccine became available to the public, many people began experiencing a variety of negative side effects. According to Forbes, the vaccine is potentially more dangerous than acknowledged. Some of the more common side effects include nausea, muscle pain, and chills. Some uncommon side effects that can be life-threatening are persistent pain in the chest or trouble breathing. The expedited manner in which the companies created and tested the Pfizer, Moderna, and Johnson and Johnson vaccines could be to blame for how these side effects came to be. However, these companies can’t be sued for the side effects a person may experience. 

The federal government gave pharmaceutical giants Pfizer and Moderna blanket immunity from liability if any unforeseen problems arise due to the vaccine. This blanket immunity law is very rare for a company to receive, but this is due to how fast the vaccine needed to be distributed. Under typical circumstances, a pharmaceutical company can face lawsuits because of the side effects of a vaccine created. The Johnson and Johnson vaccine is connected to over 4,000 deaths. There is no proof that the Johnson and Johnson vaccine is the direct cause of the deaths, but the vaccine has shown a relationship to blood clots from low platelets. Also, all three vaccine companies have reported that people with comorbidities have experienced more side effects from the vaccine than people without comorbidities. The most common comorbidities are cardiovascular disease, Crohn’s, lung disease, and obesity. People with no comorbidities experienced side effects that weren’t disclosed to them before getting vaccinated. 

As far as anyone being liable for the side effects, there is no one company, agency, or person that can be liable for the effects of the vaccine. According to CNBC, the last resort would be to sue the Food and Drug Administration (FDA), although even this would not work. The FDA has sovereign immunity which means you can’t sue the government for approving a drug. The few cases that have gone to court to sue the FDA have not received the outcomes they were looking for. Only 10-25% of cases received a small payout after suing the FDA. Therefore, although the side effects can be severe, there is no good outcome to suing the vaccine companies or the FDA. 

If you have questions about your legal rights in the COVID-19 era, contact the COVID-19 Injury lawyers today. 

Posted in COVID-19.