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Asked 8 months ago - Orlando, FL
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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
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.
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.
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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