Can You Sue if You Have COVID-19 Vaccine Reactions?

ELI5: Negligence

The vaccines have been a blessing to humanity. Thanks to vaccines, we no longer have to worry about life threatening diseases such as polio and smallpox. However, with so many people getting the COVID-19 vaccine, a small number of people are bound to have unfortunate reactions to the new vaccine. Even perfectly healthy people are skipping a few days of work after the vaccine due to the side effects. If the vaccine causes you to miss work, are you entitled to compensation? What if you have an extremely serious reaction to the vaccine; will the manufacturer pay for your medical expenses?


Can You Sue if You Have COVID-19 Vaccine Reactions?

COVID-19 vaccine manufacturers were granted blanket immunity in regards to their vaccine. So, even if you can prove that the COVID-19 vaccine has caused significant damages to your health, you cannot sue the manufacturers for personal injury. However, you may be able to receive compensation through the Countermeasures Injury Compensation Program. Though the Countermeasures Injury Compensation Program will provide compensation for medical bills and loss of income, they will not provide compensation for emotional distress or pain and suffering.


If the doctors or healthcare professionals acted negligently while administering the vaccine, you may be able to file a claim against the medical professional. If a doctor or nurse gave you the vaccine on accident, or without your knowledge, you may be eligible for compensation. You may also be eligible for compensation if the person administering the vaccine has seriously injured you while vaccinating you. While medical professionals usually administer injections in areas of the body, such as large muscles that are less likely to be injured by a needle, if they are careless they may strike and cause damage to a nerve or blood vessel.  If you are not able to receive the vaccine due to medical reasons, you may have a case if a doctor knew of these issues, failed to inform you of the interactions, and gave you the vaccine anyway. However, in these circumstances, you would be filing a case against the doctor, not the manufacturer of the vaccine.


Can You Sue if You Have COVID-19 Vaccine Reactions?

Now that the Delta Variant is out, many people are getting COVID even if they’ve been fully vaccinated. Though the COVID vaccines have been a huge blessing to humanity, those who became sick after getting the vaccine have to face medical bills, loss of income, and emotional distress. Though the damages are real, blanket immunity continues to protect the manufacturers from lawsuits if the vaccine does not work. Also, if you were vaccinated, you knew—or reasonably should have known—that the vaccine is not 100% effective in protecting against COVID-19. Therefore, you are still responsible if you contract COVID-19.


Vaccine microchips might seem like something straight out of science fiction novels. Yet, a shocking 20% of Americans believe that the COVID-19 vaccine contains microchips. Though the technology to inject humans with microchips via hypodermic needles does not yet exist, the idea does present a fascinating legal quandary. Could you sue the manufacturer if they injected you with a microchip disguised as a vaccine? The answer is actually yes. Manufacturers do not have immunity from willful misconduct. So, if a manufacturer knowingly put harmful materials into a vaccine, they would be liable for damages.


Can You Sue if You Have COVID-19 Vaccine Reactions?

If you have suffered injury and loss of income due a health care professional’s negligence during vaccine administration, Moxie Law Group is here for you. Our team is full of experienced medical malpractice attorneys. We’re dedicated to helping you find relief after disaster; contact us today to find out how we can help you.

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