Can I sue a clinic for giving my son expired Rotavirus vaccine?

UPDATED: Apr 24, 2019

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Can I sue a clinic for giving my son expired Rotavirus vaccine?

My two month son was giving expired rotavirus
vaccine at his two month well child visit. Two
days later he was hospitalized for fever and
diarrhea and later bloodily diarrheas. Two
weeks went by this little one is still having
some diarrhea. The new pediatrician does not
think his sickness was from the expired vaccine
but can not be definite it was not. Should I seek
legal action on this matter?

Asked on April 24, 2019 under Malpractice Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, based on what you write, do not seek legal action unless both of the following are true:
1) Your son suffers some serious and longlasting (or permanent) harm or impairment, or you incure tens of thousands of dollars of out-of-pocket (not paid by insurance) medical costs. Medical malpractice or medicine product liability cases are very expensive: unless there is life changing injury or large medical costs at stake, they are not worthwhile.
2) There is medical evidence--for exampe, the opinion of a relevant doctor (someone whose speciality and experience is relevant), or peer-reviewed papers in well-regarded medical journals--linking an expired vaccine to the illness your son suffered. Without medical evidence to show causation, you can't prove your case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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