Is There Liability for Injury Resulting from Administration of the COVID-19 Vaccine?

If you experience severe side effects or injury after getting a COVID vaccine, is there liability under Federal or State Law? This program, presented by Nicholas Cardascia and Brian Donnelly of Cullen Dykman LLP, will discuss how the federal government has granted pharmaceutical companies immunity from liability if something unintentionally goes wrong with their vaccines. Immunity for the Food and Drug Administration from suit for authorizing a vaccine for emergency use will also be discussed. 

The program will provide a comprehensive overview of the statutory authority for those protections from liability for the COVID-19 vaccine, namely the Public Readiness and Emergency Preparedness Act (PREP). It will also explore alternate remedies for people who have been harmed by a "covered countermeasure," such as a COVID vaccine, under the Countermeasures Injury Compensation Program (CICP). Lastly, the course will discuss liability arising from "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.

Learning Objectives:

1. Identify whether there is liability under federal or state law if you experience side effects or injury after getting a COVID vaccine
2. Become familiar with the Public Readiness and Emergency Act (PREP Act) and the Countermeasures Injury Compensation Program (CICP)
3. Examine whether there is liability under federal or state law if you experience side effects or injury after getting a non-COVID vaccine, with a close look at Shoulder Injuries Related to Vaccine Administration (SIRVA) and the National Vaccine Injury Compensation Program (VICP)