Swine Flu Litigation

The swine flu pandemic has spurred a flurry of litigation around the globe. Some experts predict that vaccinated and unvaccinated victims will target doctors and the medical industry for ills that befall as a result of the vaccine or lack of the vaccine, causing a surge of medical malpractice suits against doctors, hospitals, clinics, insurance companies and schools as the height of the flu season approaches. In fact, in preparation for the anticipated wave of swine flu litigation, the Department of Justice is hiring attorneys in its Office of Vaccine Litigation.

In addition, businesses could face a spate of legal claims from employees hit by swine flu, The Guardian reports, as concerns mount that firms are not prepared to deal with legal issues arising from affected staff. Employment-related claims arising from the swine flu pandemic may include personal injury, health and safety, and negligence claims. For example, pregnant women and those suffering disabilities are particularly likely to sue if they can show adequate precautions, such as flexible working, were not offered by their employers, The Guardian reports.

In New York state court, a group of health care workers has filed a lawsuit alleging that mandatory vaccination of all health care workers violates their civil rights, the Civil Procedure and Federal Courts blog reports. Another lawsuit filed in the D.C. Circuit challenges the licensing of the vaccines, alleging that the vaccines are untested and unsafe.

While not much good can be said about the swine flu, it appears to be fueling more work for the legal industry.