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Daughter had to get mandatory flu shot for work and went into coma and now in permanent wheelchair for life. What can we do?

Buffalo, NY |

My 20 year old daughter at the time had a mandatory flu shot by work and she went into coma for 3 months and came out of it, had many operations twisted joints,had traumatic brain injury, and many other complications. She hired an attorney but stated there was a lot of medical politics involved and case fizzled. What was the proper way of handling this? She is pretty private about this, so I must proceed with caution about bringing this up. Want to know how to properly handle this?t This happened in Georgia but she is now living in Buffalo.

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Attorney answers 3


I suggest you repost this in the GA Avvo section. There could also be federal preemption issues.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


A lawyer who has handled cases in DC's Court of Federal Claims should be retained.

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There is a very small risk that some people who receive the flu vaccine will have a neurological reaction to it. If she had such a reaction proving a case will be impossible as against the vaccines manufacturer. If the batch was tainted or recalled then the answer is very different. The case against the doctors and hospital requires an expert to review all of the relevant medical records to determine why she went into a coma. Why she has the inability to walk and the other neurological injuries. You also have strict time limits to have the case filed. If her first lawyer started a lawsuit but its been dismissed or discontinued then she will not be able to pursue the case. Timing is everything so I would need to know when the injection took place and then review the hospital records to determine what departures there may have been.

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