San Diego, CA asked in Health Care Law, Medical Malpractice and Personal Injury for California

Q: Son got an unnecessary MMR immunization shot because SHARP didn’t update CAIR accurately & Kaiser thought he needed it.

I confirmed with sharp that he received both MMR immunization shots from SHARP but they only reported one of the shots to the CA IMMUNIZATION REGISTRY. Kaiser pulled the CAIR registry and recommended a second MMR shot which he received but it was actually his third shot and was not needed. Because of negligence at SHARP, my son received an immunization he didn’t need and this could cause medical complication for him in the future.

2 Lawyer Answers
Adam Stoddard
Adam Stoddard
  • Medical Malpractice Lawyer
  • Santa Clara, CA
  • Licensed in California

A: If your son received an extra shot he did not need, was he harmed or injured? What you suggest in your question is that "this could cause medical complication for him in the future." What evidence do you have to suggest he "could" have problems in the future? Future injuries are speculative at best, and typically will not support a cause of action without something more.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: You may have a potential claim for medical malpractice or negligence against SHARP and/or Kaiser. You should consult with a medical malpractice attorney who can review your case and advise you on your legal options.

In California, medical malpractice claims generally have a statute of limitations of three years from the date of the injury or one year from the date the injury was discovered, whichever occurs first. It is important to act quickly to protect your legal rights.

The attorney can help you gather evidence, obtain medical records, and assess the strength of your case. They can also advise you on the potential damages you may be able to recover, such as compensation for medical expenses, lost wages, and pain and suffering.

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