Liability for Injury Resulting from Administration of the COVID Vaccine

If you experience severe side effects or injury after getting a Covid vaccine is there liability under Federal or State Law? The federal government has granted pharmaceutical companies immunity from liability if something unintentionally goes wrong with their vaccines. The Food and Drug Administration is also immune from suit for authorizing a vaccine for emergency use. The Countermeasures Injury Compensation Program(CICP) was created specifically to help cover lost wages and out-of-pocket medical expenses for people who have been harmed by a “covered countermeasure,” such as a Covid vaccine. 

In February, Health and Human Services Secretary Alex Azar invoked the Public Readiness and Emergency Preparedness Act (PREP). The 2005 law empowers the HHS secretary to provide legal protection to companies making or distributing critical medical supplies, such as vaccines and treatments, unless there’s “willful misconduct” by the company. The protection lasts until 2024. The PREP Act guarantees of immunity are available to those who manufacture, distribute, administer, use, and coordinate drugs and devices used to combat COVID-19.

What Is Shoulder Injury Related to Vaccine Administration (SIRVA)? SIRVA is a rare condition in which pain and loss of function in the shoulder occurs following a vaccination. It can result in Adhesive Capsulitis (Frozen Shoulder), Brachial Neuritis, Reduced Range of Motion, Bursitis, and Tendonitis.

Speakers

Nicholas M. Cardascia, Partner, Cullen and Dykman LLP

Brian Donnelly, Partner, Cullen and Dykman LLP