FYI about suing for covid vaccine side effects

amother

Fri, Dec 18 2020, 9:51 am

https://www.cnbc.com/2020/12/1.....GBeTI

One of the complaints antivaxxers have for years is that vaccine companies have zero liability for the products they make. (Since 1986) I wonder if now that more people are concerned about covid vax side effects, if this law will be reversed.

SixOfWands

Fri, Dec 18 2020, 10:04 am

What's amusing is that the right usually supports tort reform. For example, Trump's 2018 budget included a tort reform provision that called for the following re medical malpractice claims:

a cap on non-economic damage awards of $250,000 (adjustable to inflation) (note that some states, including California, already have a cap);
a three-year statute of limitations;
allowing courts to modify attorney’s fee arrangements;
abolition of the “collateral source” rule (to allow judges and jurors to hear evidence of the plaintiff’s income from other sources such as workers’ compensation and insurance);
creating a safe harbor for clinicians who follow evidence-based clinical-practice guidelines.

But somehow, when it comes to vaccines, all bets are off.

In terms of alleged vaccine injuries and alleged med mal, the perceived risk is that a jury wants to blame someone, and will enter massive verdicts based on conjecture and sympathy that will chill medical developments and doctors' ability to practice. There's a real point there. The question is the balance, not the fact that limits are needed.

In this case, herd immunity to covid would require the deaths of 1 to 2 MILLION Americans. That's just too high. So a vaccine, or effective treatment, is needed.

OOTforlife

Fri, Dec 18 2020, 10:07 am

SixOfWands wrote:

What's amusing is that the right usually supports tort reform.

Not to mention that Republicans are strongly pushing to immunize companies from any liability stemming from COVID itself. To be fair, I think many of those same Republicans would agree with immunizing the vaccine manufacturers.

amother

Fri, Dec 18 2020, 11:30 am

Why are people responding with political comments? this has been a problem since forever. covid vax just has some more protection but all vaccines have the same issue that company and government is immune from being sued. can we discuss how we can mandate their products? and be ok with the lack of options should one be injured?

number

Fri, Dec 18 2020, 11:42 am

amother [ Cobalt ] wrote:

This looks like it needs to be moved to politics

I started a thread like this in the politics forum and some random poster made a snarky comment about how I’d posted it in the wrong place. So I deleted my thread. But the COVID vaccine is 100% a political issue.

number

Fri, Dec 18 2020, 11:43 am

amother [ OP ] wrote:

The answer is no, it won’t be reversed. The explanation is a political one.

amother

Cobalt

Fri, Dec 18 2020, 12:01 pm

number wrote:

I mean the very first response was a political response and then immediately followed by yet another political response.

It was one of those annoying irritating finger pointing partisan responses. It may be true, but take it to the forum it belongs in and leave the rest of us alone.

It could have simply stated whatever the current laws are in relation to vaccines.

number

Fri, Dec 18 2020, 12:15 pm

amother [ Cobalt ] wrote:

Strangely enough the poster’s argument was that those in the politics forum don’t want to hear about vaccines.

OOTforlife

Fri, Dec 18 2020, 12:32 pm

amother [ OP ] wrote:

Why are people responding with political comments?

Sorry, I posted the second political comment, not realizing which forum we were in. I only browse recent threads, not individual forums. I also normally don't comment on the political threads, so I'm not familiar with the rules.

I can delete my comment if you want to keep the thread here, or a mod is welcome to delete it.

amother

Navy

Fri, Dec 18 2020, 1:20 pm

number wrote:

That's what I look like any time I have blood drawn, any severe pain, or seeing anything traumatic. And I'm considered a very strong person.
I'm not saying the vaccine couldn't have caused this, but I will say it may be an innocent fainting that some people experience. After recieving vaccines I get lightheaded sometimes, but I've learned never to look.
If you notice, the doctors/nurses that are there look calm. That means that her pulse is ok, and she just fainted.