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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.
 


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