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New York Medical Malpractice Lawyer Comments On School Nurses Injecting Students with Swine Flu Vaccine without Consent

Wednesday, 04 November 2009

School nurses mistakenly inject three public school students with swine flu vaccine, and medical malpractice lawyers, including David Perceman, are only surprised more cases of wrongful injections are not being reported.

NEW YORK, NEW YORK - November 2, 2009 - Across New York, medical malpractice lawyers are unsurprised that three students were given the swine flu vaccine by public school nurses without a medical consent form.

"Looking at the current safeguards in place, mistakes are likely to happen," said David Perecman, a New York medical malpractice lawyer.

One of the students ended up in the hospital underscoring the importance of even greater precaution when dealing with medication of any kind. Doctors and medical malpractice lawyers know that most medications have potential risks, and, in extreme cases, this risk can include death.

"Even aspirin has side effects associated with it," explains Perecman.

The flu vaccination is not without risks. There is a strong warning that people who are allergic to eggs or any other products that are contained in the vaccine should not take it. The vaccine is actually made with eggs and could result in dangerous-even life threatening-allergic reactions.

Besides the mistakes being made in identifying the children who are to be vaccinated in New York, medical malpractice lawyers are also aware of other potential problems. These concerns include fear about nurses who have no training in performing resuscitation, syringes and needles not handled safely, and vaccinations not administered in clean and sterile conditions. Nursing errors in administering medication can include missed doses, overdoses, and dispensing the wrong medicine altogether.

"These three errors show that there are still many challenges facing the vaccination programs under way in the school system of New York," medical malpractice lawyer Perecman says. "I just hope they fix them before something worse happens."

To avoid potential lawsuits against vaccine manufacturers that could threaten nationwide immunization programs, the federal government, within the U.S. Department of Health and Human Services, established the National Vaccine Injury Compensation Program (NVICP) to provide compensation to people found to be injured by certain vaccines. A school may be sued for giving the incorrect vaccine or the wrong dose, for infection from non-sterile procedures, and/or for inadequate medical response to a severe reaction.

Adds Perecman, "Hopefully, we won't see any use for this compensation program in New York." And medical malpractice lawyers across the city - and nation - may well agree.

About David Perecman and The Perecman Firm, PLLC:

For the past 30 years, the New York medical malpractice lawyers, auto accident, construction accident, and personal injury lawyers at The Perecman Firm, PLLC have championed all types of cases for medical malpractice injury accidents. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.

The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict* for a construction accident, a $5.35 million dollar verdict** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice.

*later settled while on appeal for $7.940 million
** later settled for $3.5 million
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"Prior results do not guarantee a similar outcome."

Verdicts & Settlements
  • Verdicts 1$40,000,000 (4)

    Medical malpractice. Child's brain damage

  • Verdicts 2$15,208,168.00 (1)

    Construction worker fell from a ladder, jury verdict

  • Verdicts 3$10,000,000.00

    Construction worker / mason fell from the scaffold, case settled after the jury verdict in amount of $ 10,020,000

  • Verdicts 4$9,825,000.00 (2)

    Construction worker/ laborer fell from the scaffold, jury verdict

  • Verdicts 5$9,360,000.00

    Jury Verdict for mason/construction worker who fell 2 floors from the side of the building **

  • Verdicts 6$5,500,000 (3)

    Woman sustained serious injuries in collision with truck. Jury verdict

  • Verdicts 7$3,500,000.00

    Construction worker/ carpenter fell from the roof at height of 20 feet, case settled

  • Verdicts 8$3,100,000.00 (5)

    Infant brain damage at birth, case settled

  • Verdicts 9$2,774,367.00

    Construction worker/ masons helper fell from the scaffold, jury verdict

  • Verdicts 10$2,536,000.00

    Construction worker struck by a falling object during demolition, jury verdict

  • Verdicts 11$2,140,000.00

    Construction worker watched as other workers fell from the scaffold in wind storm. Post traumatic stress disorder. Case settled during the trial

  • Verdicts 12$2,100,000.00

    Construction worker/ plumber fell into unsecured hole, falling one story down, case settled at the trial

  • Verdicts 13$2,000,000.00

    Construction worker/ steamfitter tripped on debris at work, case settled

  • Verdicts 14$2,000,000.00

    Construction worker sustained injuries when wall collapsed, case settled at the trial

  • Verdicts 15$1,850,000.00

    Settlement while on trial after winning jury liability verdict for woman injured when her wheelchair fell into a pothole

  • Verdicts 16$1,800,000.00

    Construction worker fell from the scaffold. Case settled during the trial

  • Verdicts 17$1,698,000.00 (6)

    Woman tripped and fell on stairs, jury verdict

  • Verdicts 18$1,600,000.00

    Construction worker struck by falling brick, case settled at the trial

  • Verdicts 19$1,398,000.00 (7)

    Jury verdict for woman who injured knee in fall on stairs in building

View All Verdicts
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