Legal Question in Medical Malpractice in New Jersey

Ineffective children's vaccine

Both my children were vaccinated with a series of DPT shots when they were children(in NJ). Both contracted whooping cough before the age of 18. My daughter when she was two and my son at age 17.At the time of my son's illness I was contacted by the state of MA(where I was living at the time ) that I should let the pediatrician's office(NJ) where my children received the vaccine know that it was a ''weak'' vaccine and let them know about the illness. The office never called me back. My son still has a chronic cough and may have scarring. I feel that my children should not have suffered with this disease and want to know if they can receive reimbursement from either the physician or the pharmaceutical company? Also is there a statute of limitations on something like this? Thank-you


Asked on 10/08/05, 11:46 am

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Ineffective children's vaccine

You are describing two kinds of legal action - Medical Malpractice and Products Liability.

All legal actions have STRICT statutes of limitations. In the case of a minor, they do not begin run until they reach majority.

You are describing a case which complex both factually and legally.

The complexity includes questions about the relation between the vaccine and the problems your son has suffered, whether your daughter has suffered ill effects, whether the manufacturer could have prevented this, what legal standard applies to the manufacturer of a vaccine, and how the Statute of Limitations is applied.

If you are considering a lawsuit, you should contact a firm with EXTENSIVE experience in Product Liability and medical malpractice - NOW.

You can look for a firm on this website,

http://www.lawguru.com/cgi/bbs/user/browseAtty.cgi

your local Yellow Pages OR Bar Association.

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Answered on 10/10/05, 12:16 pm


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