Can You Avoid Vaccine Liability?

If you are administering the COVID-19 vaccine, you may be wondering if you are subject to any liability as lawsuits stemming from the vaccine and side effects increase. While you cannot prevent a lawsuit, you may be able to reduce your chances of paying large settlements.

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While the Public Readiness and Emergency Preparedness Act (“PREP Act”) does provide for broad immunity, plaintiff’s lawyers are already filing lawsuits.

The PREP Act offers immunity from legal liability to those authorized to administer or dispense the vaccine. There is an exception for when willful misconduct causes death or serious physical injury.

As vaccine litigation is in its early stages, there is still a lot of uncertainty. Providers are not sure if their malpractice insurance covers vaccinations.

The new lawsuits will create precedents regarding vaccine litigation moving forward.

So how do you protect yourself and your practice from liability?

First and foremost, make sure that you are following CDC guidance and documenting compliance with current regulations. This is especially important as regulations and guidance is ever changing regarding COVID-19 and the vaccines.

Make sure that you are always up to date on the most current guidelines and seeking clarification on any areas you don’t fully understand.

Finally, reach out to your healthcare attorney to ensure that you are taking all necessary precautions. If you are named as a defendant in a lawsuit, make sure to engage an attorney immediately.

Let us know your thoughts below. Are you worried about your liability?

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