Vaccine-related injury claims often involve complex legal hurdles, particularly when federal immunity statutes like the Public Readiness and Emergency Preparedness (PREP) Act come into play. The PREP Act provides broad legal protections for entities involved in vaccine administration, significantly impacting the ability of plaintiffs to seek damages in traditional courts. A recent federal appellate decision underscores the difficulty of overcoming these statutory protections in vaccine litigation. If you or a loved one suffered harm from a vaccine, it is smart to meet with an experienced Baltimore medical malpractice attorney to understand your options.
Facts and Procedure of the Case
It is alleged that the plaintiffs, parents of a deceased minor, filed a lawsuit against the defendant, a pharmaceutical company, along with government and medical entities, claiming that the administration of a COVID-19 vaccine caused the minor’s death. The minor received two doses of the vaccine at a pediatric clinic and later developed flu-like symptoms, which ultimately resulted in cardiac failure and death. The plaintiffs contended that the vaccine caused myocarditis, leading to fatal heart complications.
It is reported that the plaintiffs asserted claims under the PREP Act, alleging willful misconduct by the defendant in the production and distribution of the vaccine. Additionally, they pursued state tort law claims, including wrongful death and medical malpractice, against both the pharmaceutical company and the healthcare providers involved in administering the vaccine. The defendants moved to dismiss the claims, arguing that the PREP Act provides immunity against such lawsuits and that the plaintiffs failed to exhaust the required administrative remedies. The court granted the defendants’ motion and the plaintiff appealed.
Immunity Under the Prep Act
On appeal, the court analyzed whether the plaintiffs’ claims were barred by the PREP Act and whether they had met the procedural requirements necessary to bring suit. The PREP Act grants immunity to manufacturers and healthcare providers involved in administering covered countermeasures during a public health emergency, except in cases involving willful misconduct. The court reviewed whether the plaintiffs had sufficiently alleged willful misconduct, which would allow their claims to proceed despite the statutory immunity.
The court determined that the plaintiffs had not met the high threshold required to establish willful misconduct under the PREP Act. The court emphasized that claims of willful misconduct must show intentional wrongdoing or a conscious disregard for safety, supported by specific factual allegations. The plaintiffs’ allegations, which primarily relied on post-vaccination adverse effects, did not satisfy this standard.
Additionally, the court found that the plaintiffs failed to exhaust the mandatory administrative remedies outlined in the PREP Act. Before filing a lawsuit, individuals seeking compensation for vaccine-related injuries must first apply for relief through the Countermeasures Injury Compensation Program (CICP), a federal program designed to handle such claims. The court noted that the plaintiffs had not pursued a CICP claim before initiating the lawsuit, rendering their claims procedurally deficient.
As such, the court affirmed the lower court’s dismissal of the case, holding that the PREP Act’s immunity provisions shielded the defendants from liability and that the plaintiffs had not fulfilled the necessary administrative steps to bring a valid claim.
Meet with a Trusted Baltimore Medical Malpractice Attorney
Understanding the legal barriers in vaccine injury claims can be overwhelming, particularly when federal laws limit traditional legal remedies. If you believe you have suffered harm due to medical negligence or a vaccine-related injury, it is essential to seek legal guidance tailored to your specific circumstances. At Arfaa Law Group, our dedicated Baltimore medical malpractice lawyers provide compassionate and strategic representation to clients navigating complex medical malpractice claims. Call our office at (410) 889-1850 or complete our online contact form to schedule a consultation and learn more about your legal rights.