NYS Physicians May Be Sued For Improper Treatment of Vaccine Complications If Timely Filed

This case involves an infant, then age 13, who was given two TDaP vaccines in 2006 by her pediatrician. After receiving the vaccines, the infant developed muscular weakness (inflammatory myopathy), her condition deteriorated and she received care from three other pediatric defendants in the following months of 2006. Ultimately, the infant developed quadriplegia and turned 18 in 2010.  A civil action was untimely filed by the now adult plaintiff in 2016 against the doctors and the medical centers where they worked, alleging that the doctors were negligent in their treatment of the infant after she received the vaccines.

However, under the National Vaccine Injury Compensation Program (VICP), individuals are not allowed to bring a civil action for damages exceeding $1,000 against "vaccine administrators or manufacturers" for injuries or deaths related to the administration of a vaccine. The VICP only considers doctors who administer the vaccine or do so negligently as "vaccine administrators." The plaintiff timely filed a VICP claim against the first pediatrician who administered the vaccines.

In this case, the moving defendants (the subsequent treating pediatricians and Montefiore Medical Center, Columbia Cornell Network Physicians, Inc., and NY Presbyterian Hospital - Weill Cornell Medical Center) are not considered vaccine administrators because they did not administer the vaccines to the infant but rather provided post-vaccination care. Therefore, the VICP is not applicable in this case and the statute of limitations for the civil action had not been tolled by the timely filing of the VICP claim.

The complaint against the moving defendants was dismissed as untimely (statute of limitations for medical malpractice had expired years earlier) by the Supreme Court of Bronx County, and this decision was affirmed on appeal by the First Department on December 29, 2022. Batish v Gandhi, 2022 NY Slip Op 07494

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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