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Can i file a vaccine injury lawsuit because of an adverse reaction i had to a TDaP shot, and also a claim against the govt. dr.?

Orlando, FL |

is it out of line for a prospective employer to give vaccines to people off the street looking for work during the 'pre-emloyment' physical? i was a civilain employee at a CA navy base and applied for a job as a civilian employee with a Vet's hospital in FL. i expected a basic exam during this screening but was told by the govt. dr. that my prospective employer, a vets hospital, required me to have a TB test and they'd also want me to have a TDAP vaccination, and then she gave me one.

my problems started soon after that shot and soon i was so bad i ended up in the ER and spent 2 days in hospital. the disease i got from the TDaP is called PMR and i'll have it for maybe 3 years. that TDaP was my 2nd one and you're only to have one once in a lifetime. can i sue the govt. dr. who injected me

Attorney Answers 5

Posted

Suits arising out of vaccines must be handled through claims brought through the National Vaccine Injury Compensation Program. They are not regular lawsuits. It is like worker's compensation. A Federal Court decides if the vaccine has caused the injury. Here is a link to the website for more information.

This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.

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Christian K. Lassen II

Christian K. Lassen II

Posted

I've been to the court of federal claims which is across from the White House for a vaccination case, but I appreciate all Mr. Marraffinos stupid comments

Asker

Posted

thank you mr. marraffino.

Lawrence Joseph Marraffino

Lawrence Joseph Marraffino

Posted

You are welcome!

Posted

The reality is that vaccine cases are almost always losers, as the deck is stacked against you. However, you should call around to some lawyers in your state, and maybe someone will take it on. Good luck to you.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Asker

Posted

thank you for your kind and quick response. i've been told that since the incident happened in CA that that is where i would have to bring suit, but my problem has been trying to find a lawyer that is willing to take on a case in which they have to file suit against a US government employed doctor or hospital.

Lawrence Joseph Marraffino

Lawrence Joseph Marraffino

Posted

You do not file a regular lawsuit to make a claim for a vaccination injury. You have to file a special claim under a Federal program called the National Vaccine Injury Compensation Program. You need to find a lawyer specializing in these claims.

Asker

Posted

thanks to all of you. i have contacted a vaccine lawyer who deals with the vax compensation program and they are going to look at what i have and see if they can do me any good. however, i was also hoping to find a lawyer in CA who would be willing to look into whether or not i have a personal injury, mostly because it seems a more likely win and as you say, a vax case is harder to win. so the latest is that my vision seems to be getting fuzzy, not sure if it's a side effect of the meds or the disease (ER doctor said to be on the lookout for vision problems from some other ailment that often accompanies this polymyalgia-rheumatica. i just don't know what to expect next. thanks guys, i really appreciate all of your helpful comments and suggestions. have a blessed day.

Posted

As Mr. Lassen correctly states, these are very difficult cases to win. Search the internet for similar stories and look for an attorney that has successfully brought claims similar to yours.
Good luck!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Asker

Posted

i thank you for your kind and quick response. i have searched for a CA attorney who would consider suing a Dr. employed at a VA hospital, but have been unsuccessful. however, finding a vaccine injury lawyer seems the path of least resistance. it would appear that doctors who work for the government get a pass on litigation and apparently they don't have to worry about malpractice suits. and with that in mind it seems filing under the VICP is my only recourse, but i sure was hoping to see to it that they stopped this practice of vaccinating people who're merely looking for work.

Posted

If you were seeking a job and consented to the medical exam and vaccine, then you likely do not have a case. TDaP can occur rarely when one gets a tetanus vaccine. Whether it happens or not has nothing to do with the quality of care. It's just a rare, random biological reaction. So it all comes down to whether you consented to the vaccine. There may have been a lot of papers they had you sign before the job screening began. If one of those signatures was on a consent for the vaccine, your case is non-viable. However, you might have a claim if you can prove with absolutely surety that you DID NOT consent. But remember, you must also be able to convince a jury that you would have indeed stopped the job screening and walked away from the prospective job had you been told you were going to have to get a vaccine that carries very rare side effects. Sometimes that is the hardest part.

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Asker

Posted

I appreciate your time and kind response. When a person is applying for a job they might consent to just about 'anything' in order to get that job, seeing as how, while they're not under duress, they are certainly highly motivated and at a severe disadvantage. so the doctor would have free reign to do whatever they wanted to do to you without fear of reprisals once you've given your permission; 'yes sir, if it means i may get the job i'll consent to these drug experiments.' my thinking is, while I was not aware of the dangers of a 2nd TDaP, the doctor should be aware that a TDaP shot is only allowed once per lifetime and then consider that a 50+ year old man may have already had a TDaP shot during his lifetime. she asked me when was the last time I had a tetanus shot. i told her a year maybe two at the most. 'well, one more won't kill you. and then she had me roll up my sleeve and injected the TDaP vaccine. it was only after having this reaction that I went to the place where i'd gotten the tetanus and discovered what they'd given me was also a TDaP shot, apparently the first one I'd ever had (and it was administered by my employers Dr. so if anything would've gone awry as it did this time, at least i would've been covered under workman's compensation). thank you again for your time and consideration. have a blessed day.

Posted

You may have a case, but you would need to explain what happened in more detail to evaluate your potential legal claims properly. It is unclear from your post where you received the shot. If it occurred in Florida, I would be happy to provide you with a free evaluation. Otherwise, I recommend consulting with an attorney in the state where you received the shot.

My answer to your question does not create an attorney-client relationship. If you would like a free consultation, you may call me at 850-228-9175 or email me at cbupton@gmail.com.

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Asker

Posted

Thank you for your response and offer to speak with me. However, the shot was given in CA so that's where I'd have to find an atty and the ones I've contacted seem unwilling to take on the govt. lawyers. Have a blessed day.

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