Can You Sue Johnson & Johnson for a Vaccine Injury?
Manufacturers Have Strong Liability ShieldsThis blog previously wrote that neither you nor your family can sue drug companies for death or serious injury connected to participation in a COVID-19 vaccine trial. That remains the same for the general public taking authorized vaccines, which in the U.S. are from Pfizer-BioNTech, Moderna, and J&J-Janssen. The Public Readiness and Emergency Preparedness (PREP) Act of 2005 gives the federal government sweeping powers to shield drug companies from liability when deploying "medical countermeasures" during emergencies like the coronavirus pandemic. Then-Health and Human Services Secretary Alex Azar invoked the PREP Act in 2020 to cover the COVID-19 vaccines until 2024. Drug companies argue that protection like what the PREP Act affords is critical to drive innovation and keep costs down. "We have to accept for vaccines — or any medications — there is a very, very small number of people who will have serious adverse reactions," said Peter Meyers, the former head of George Washington University's vaccine injury litigation clinic.
Your Options Are LimitedThe PREP Act created the Countermeasures Injury Compensation Program, which compensates you or a family member when death or injury occurs as a result of a covered vaccine. The fund provides compensation for:
- Medical expenses
- Lost wages
- Survivors' benefits
- Learn More About Vaccination Laws (FindLaw's Learn About the Law)
- Should Employers Pay Employees to Be Vaccinated? (FindLaw's Law and Daily Life)
- How Is a COVID-19 Vaccine Approved? (FindLaw's Law and Daily Life)
Was this helpful?
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Or contact an attorney near you: