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COVID Vaccine Lawsuit: Can I Sue if Harmed by The Virus?

covid lawsuit

While COVID vaccines are great for the world, there are still many cases of illness or injury stemming from these injections. If you or a family member encounters critical side effects resulting from a vaccine, you could be eligible to file a COVID vaccine lawsuit.

The Law Offices of Sadaka Associates are among the national leaders in defective product lawsuits. We are one of the few law firms that have experience with COVID vaccine lawsuits, as these cases are relatively new.

Our personal injury lawyers will work hard to stack legal evidence against your opposition and fight for you.

COVID Vaccine Side Effects

There are many side effects associated with the COVID-19 vaccines. Typically, consumers will feel sick following their second dose of the vaccine. However, this reaction is normal and is not grounds for a lawsuit.

If you believe you have reason to file a COVID vaccine lawsuit, you must exhibit one or more of the following side effects.

Shortness of Breath

A critical side effect associated with COVID is shortness of breath. It is why many destructive cases of COVID are in people with respiratory issues.

If you have trouble breathing following your vaccine, you should consult a medical professional. If the damage is irreparable, consider legal counseling.

Stomach Pain

Many vaccine recipients claim they have severe stomach pain resulting from the vaccine. Again, you should consult a medical professional before filing a case with a law firm.

A doctor may resolve your side effects with medication. Regardless, you should document your symptoms and doctor visits, allowing us to build a better legal case.

Overall, COVID vaccines are safe, and medical professionals advise that anyone who does not have an immunocompromised system receive the vaccination.

Other possible side effects of the COVID vaccine include leg swelling, red spots, blurred vision, and many others.

Please note that you cannot sue the manufacturer of your vaccine. We will go over that in more detail down below.

The Uniqueness of COVID Vaccine Lawsuits

As we mention above, COVID lawsuits are relatively new. Therefore, there is not much legal precedence. Typically, the bar considers these case types under the personal injury liability umbrella — however, there are unique circumstances at play with a vaccine lawsuit.

Firstly, the COVID vaccines are available in response to a global health emergency. This fact changes the traditional rules of a personal liability case. Since the vaccines are new, we still do not have statistics regarding the long-term effects of the Pfizer, Moderna, and Johnson & Johnson COVID shots.

Therefore, victims may be hesitant to file a vaccine lawsuit in these conditions. Traditionally, people filing a vaccine lawsuit have protection from the National Vaccine Injury Compensation Program. This program compensates those impacted by standard vaccines such as the flu and chickenpox shots.

What Is NVICP?

One of the benefits of the NVICP is it is an alternative to litigation. It is an easier path to take for victims to fight for compensation. The program also pays for all lawyer fees for the injured party.

There are a few standards that vaccine victims must meet before seeking protection, which are as follows:

  •       The injuries stemming from the injection must last for more than six months.
  •       The injured party must have proof of hospitalization or surgical intervention.
  •       Alternatively, a loved one may sue due to a vaccine injury killing their friend or family member.

However, these rules and regulations do not apply to COVID vaccine cases yet; that is why many victims are confused about filing their lawsuits. So, what do you do if you want to file a COVID vaccine lawsuit? We first must consider the CICP.

The CICP Dilemma

George W. Bush holds responsibility for signing the PREP Act in 2005. This act states that if a person faces injury from an emergency vaccine, they must settle their case through the Countermeasures Injury Compensation Program. Admittedly, it is hard to win a case under CICP protection guidelines.

The program offers immunity to the COVID vaccine distributors. Therefore, you must prove that there was intentional misconduct by the vaccine manufacturer.

Another questionable provision in the CICP’s guidelines is that you must file your claim within one year of the vaccine date. Therefore, if you experience symptoms after the 12-month deadline, you are out of luck. Plus, your compensation is limited with the CICP — for example, the act limits you to $50,000 for lost wages and does not have a pain and suffering clause.

Currently, victims only win approximately six out of every 100 CICP cases. Overall, legal professionals question the CICP for its lack of clarity and low compensation rates. Plus, there is an internal debate in the law community regarding these policies.

Personal injury attorneys are not sure whether the federal government program can handle the sizable number of cases coming in. There is an expectation that many COVID lawsuits will come in over the next several years.

Medical Malpractice Case

a book with stetoscope and judge gavel

Another possible option for filing a COVID vaccine lawsuit is to define it as medical malpractice. Unfortunately, there are slim chances you have a solid case in court.

To successfully build a medical malpractice case, you must prove a problem with the administration or storage of your COVID vaccine. Any case where a nurse gave you the improper dosage or the pharmacy did not store the vaccine at the right temperature is ripe for a medical malpractice suit. However, the federal government would likely jump on these cases before the case goes to court.

Many legal professionals want the CICP to increase its coverage for COVID lawsuits, as medical malpractice cases are not sustainable. Still, they are hopeful that the program will expand as the government approves vaccine usage for more people.

Also, many businesses are successfully suing the Biden administration over the federal vaccination requirement policy. As more of these lawsuits roll in, there could be changes coming to legal regulations. These issues stem from people objecting to the vaccine for many reasons, including religious belief, distrust, and many others.

There is also a worker shortage epidemic due to the COVID relief bill instituted by President Trump and President Biden. Eventually, these issues will boil over, leading to more successful lawsuit opportunities.

Why Hire a Defective Product Lawyer?

While it is hard to win a COVID vaccine lawsuit, we are behind you if you feel wronged by the vaccine distributor. We focus on building your case with substantial evidence against the guilty party.

We recommend documenting as much of your struggle as possible, including medical records, operation expenses, and a list of symptoms. This information could make the difference between a successful case and a failure.

The first step of the lawsuit process is to call our law offices. We will then set up a consultation appointment, determining a viable route to take with your grievance.

Note that our personal injury attorneys do not take every case that comes across our desk. Just because you are willing to pay our legal fees does not mean we will offer you a retainer agreement.

We only accept cases that we believe have a chance in court. That is why we have an outstanding reputation in the New York and New Jersey communities.

Defective Product Lawsuit Cases

Our lawyers have experience in defective product lawsuits. A consumer can sue a manufacturer who produces legal items that result in injury or harm.

There is a high success rate for defective product lawsuits, as there is typically substantial proof we can stack against the guilty party. However, COVID vaccine lawsuits have a different set of parameters.

Again, there is a sizable chance that we will reject your COVID vaccine case because of the low odds of building a winning lawsuit. However, we may be able to pivot your case to medical malpractice or another similar lawsuit type.

If you have a compelling case, we will offer to represent you. We help negotiate with insurance companies on your behalf, giving you a greater chance for compensation.

We will answer all your questions and address your concerns during our consultation. Our lawyers will also discuss payment arrangements at the meeting.

Contact Our New York Law Offices Today

calling in a telephone

If you require legal assistance in a COVID lawsuit, look no further than the Law Offices of Sadaka Associates. Our defective product lawyers will fight for your right to compensation if you or a loved one deals with medical issues stemming from the COVID vaccine.

We strive to keep you up to date on all changes to COVID vaccine lawsuit-related policies. The climate changes each day, and we hope to see progress with the CICP and NVICP’s coverage of COVID-related injuries.

You can call the Law Offices of Sadaka Associates at (800) 810-3457 to consult with one of our attorneys. We are a national business serving clients from New York to Alaska.

We also service all five boroughs of New York City, as we call the New York and New Jersey area our home. Come by our office to speak with one of our reputable attorneys.



Principal & Founder
This article was written by Mark Sadaka, a seasoned trial lawyer in nationally significant cases. He fearlessly champions clients impacted by fatal or severe injuries caused by others or corporations. Renowned for his expertise in complex litigation, he's featured in books, sought after by media for interviews, and a highly sought speaker. Notably, he exclusively represents individuals facing life-changing injuries or substantial financial losses.

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