What to do if my mom received a flu shot given at a pharmacy of a major chain retailer about a month ago and now has severe side effects?

More than a month later not only is her arm still in pain, but the pain spread to her shoulder and neck to the degree that she has trouble with daily tasks (including occasional headaches and numbness of her hand). She received an MRI from doctors, who said they had never seen this type of injury before. This was not caused due to a reaction from the immunization but apparently due to the incompetence of the person who gave her the shot (they hit her shoulder joint). Does she have any possible legal recourse?

Asked on November 11, 2013 under Malpractice Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

How horrible! It is something that you should speak about with an attorney in your area.  The consultation should be free.  There are a lot of factors to take in to account, including who gave the shot, the training - or lack there of - provided to the person who gave her the shot, and the facts will determine if there was indeed negligence.  Good luck.

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