Case law update

National Childhood Vaccine Injury Act provides immunity for administration of covered vaccines FactsAmanda Watts went to a Maryland CVS in December 2017 for vaccinations.A CVS pharmacist administered Ms. Watts a Boostrix vaccine to protect against tetanus, diphtheria and pertussis as well as a Pneumovax 23 vaccine to protect against pneumococcal disease.Watts recalled the injections were administered in the same exact spot but could not remember which vaccine was administered first.After the injections, Watts' arm began to swell and she sought care twice in an Emergency Department.The pain spread to her shoulders, back and legs.She was evaluated and treated by multiple doctors over the following two years until she was diagnosed with complex regional pain syndrome (CRPS), a chronic pain condition that can occur after a nerve injury.Watts filed a civil medical negligence lawsuit against CVS in December 2020 alleging the CVS pharmacist negligently injected the Pneumovax 23 vaccine in the incorrect location, too far below the deltoid muscle, causing CRPS.The lawsuit did not mention the Boostrix vaccine.The National Childhood Vaccine Injury Act of 1986 created a National Vaccine Injury Compensation Program (VICP), a no-fault alternative to resolve claims for injuries arising from vaccine administration. 1According to Health Resources & Services Administration (HRSA), "VICP was established after lawsuits against vaccine manufacturers and health care providers threatened to cause vaccine shortages and reduce vaccination rates." 2