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My mother was in a nursing home just gotten over pneumonia offered the H1N1 flu shot and not knowing ,she died ,did they know?

Cape Vincent, NY |

as a medical institution should they have offered the shot to my mother knowing she just got over pnuemonia?

Attorney Answers 3


  1. Best answer

    It must first be determined (1) if the flu shot was a contributing fact ro to her death and (2) whether giving the flu shot to a patient that has just recovered from pneumonia goes against the accepted practice and procedure for a person of your mothers age. There may be a case here. You should consult with a qualified medical malpractice attorney


  2. Sorry to hear about your mother’s passing. You would need an expert opinion that says when someone has or is just recovered from pneumonia they should not get the H1N1 flu shot. The first place to start is her death certificate. What was her COD?

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  3. I am sorry to hear about your loss. To pursue a case, you will need an expert opinion that says when someone has just recovered from pneumonia they should not get the H1N1 flu shot. You must also prove through expert testimony that the flu shot was a contributing factor to her death. I recommend that you consult with a local attorney regarding this matter, you may or may not have a case.

    This answer is provided as a public service for informational purposes only and is not intended as legal advice. Providing this information does not create an attorney-client relationship nor is any information shared considered privileged or confidential. As with all legal matters, you should contact an experienced attorney and be aware that there are time limits for asserting potential claims.

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