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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


  1. Best answer

    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.


  2. 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


  3. 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.


  4. 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.


  5. 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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