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Parents Sue CVS After Children Mistakenly Given COVID-19 Vaccine Instead of Flu Shot
Two parents in Kentucky have sued CVS after their children were accidentally given the COVID-19 vaccine rather than the flu shot they were supposed to receive.
According to the complaint, in fall 2021, a woman took her 2 children, both well under 12 years of age, to CVS pharmacy to receive their annual flu shot. After the children received their shots and waited the appropriate time in the pharmacy area, they returned home. The following morning, one of the children complained of pain in his leg. According to the complaint, by the time the child arrived at school, his leg was hurting so badly that it compromised his ability to walk.
Later that day, the woman received a call from CVS pharmacy. CVS had discovered the children received Pfizer’s COVID-19 vaccine, instead of the flu shot they were supposed to receive. CVS advised the woman to contact her children’s pediatrician immediately.
The complaint alleges both children have suffered “negative side effects and symptoms as a result of the wrongful COVID-19 vaccines. They also now live with continuous concern, worry, and fear regarding what long-term effects they may suffer after receiving vaccines that were not approved for children their age.”
The complaint goes on to allege the “plaintiffs have been severely traumatized, suffering great mental anguish and the potential for significant future medical expenses, pain and suffering, and impairment to labor and earn money.” The complaint seeks relief based on medical malpractice, medical negligence, negligent inflection of emotional distress, battery, and punitive damages.
What will ultimately happen with this case is unclear at this point. For the parents to persevere in this case, they will have to tie the administration of the wrong vaccine to an injury. Medical malpractice requires the following elements: a duty owed, breach of the duty, and harm as a result. CVS owed a duty to the patients, and certainly that duty was breached by administering the wrong vaccine, but whether harm can be tied to that mistaken vaccine administration remains to be seen.
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