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Morristown Personal Injury Attorney > Blog > Medical Malpractice > Can You File A Medical Malpractice Claim For Vaccine Injuries?

Can You File A Medical Malpractice Claim For Vaccine Injuries?


It’s been a year now since the United States first started lockdowns to prevent the spread of the coronavirus. We are finally starting to make progress in terms of opening back up and resuming normal life. The COVID-19 vaccinations have helped in this regard.

The vaccine first became available in December 2020. Since then, more than 3 million people in New Jersey and New York have received their first dose of the vaccination. However, some are regretting their decision.

Many have experienced a rare shoulder injury that occurs when the vaccine is not injected properly. The condition, called shoulder injury related to vaccine administration (SIRVA), has made many New Jersey residents unable to even move their arms. These people are infuriated that not only are they in pain, but there’s nothing they can do about it.

The Health and Human Services Prep Act basically prohibits a person from suing for anything related to COVID-19. Healthcare workers are covered under this act, so under state and federal law, they are immune from medical malpractice lawsuits related to the virus and the vaccine. Therefore, a person injured by not being vaccinated properly has no legal recourse.

This is frustrating, since many of those who have been administering vaccines are not properly trained to do so. When a person is injected by someone not experienced enough to give a vaccine properly, it creates a risk of danger. That was certainly what happened to those who developed SIRVA after getting their COVID vaccine.

SIRVA occurs when the injection is given in the bursa space, which is located below the deltoid muscle in the arm, instead of the muscle. This can lead to intense pain that can last a few days or even a few months.

Those who developed SIRVA have experienced various side effects. Some feel numbness and tingling in their arms and hands. They may be unable to pick up objects. They may be unable to play sports or engage in any sort of activity without feeling pain. Some are unable to move their arms much at all. When they do, they feel excruciating pain, like being stabbed with a knife. 

It’s important to know that SIRVA is rare, so don’t let that deter you from getting vaccinated. Also, the coronavirus vaccine does come with side effects. Be prepared for pain and swelling at the injection site. Also, many people experience flu-like symptoms, such as headache, fever, chills, fatigue and body aches.

Contact a New Jersey Personal Injury Lawyer Today

Medical malpractice claims are hard to fight and win. Getting sick from a COVID-19 vaccination is not enough to file a lawsuit, especially with all the protections given to healthcare workers during the pandemic.

However, providers should not be able to get away with medical negligence. If you or a loved one was injured by medical negligence, seek legal help from the Morristown medical malpractice attorneys at the Law Offices of Michael P. Burakoff. We can help you file a claim and obtain the compensation you deserve. Fill out the online form or call (973) 455-1567 for a free consultation.



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