NATIONAL CHILDHOOD VACCINE INJURY ACT BARRED A CIVIL SUIT
After the Bronx County Supreme Court dismissed R.S.’s medical malpractice case, an appeal followed.
On its review, the Appellate Division, First Department, noted that R.S was suffering from shoulder related injuries which allegedly resulted from the December 17, 2015 administration of a flu vaccine.
Because that kind of claim was governed by the National Childhood Vaccine Injury Act of 1986 (NCVIA) (42 USC § 300aa-1 et seq.), which required that that R.S. seek compensation via the National Vaccine Injury Compensation Program, the AD1 concluded the case had been properly thrown out.
How’s that for a shot in the arm?
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DECISION