Q: I was given a vaccine that I did not consent to. Do I have any recourse?
They provided VIS papers to me AFTER the shot. That’s when I found out they gave me something I did not consent to. Federal law requires VIS be given BEFORE a vaccine is administered. When I repeated myself and told the woman I had asked her if it was a tetanus only shot, NOT Tdap. She confirmed it was NOT Tdap, but that’s exactly what she gave me. I told her I didn’t want a combination shot because I am pregnant. And she goes, “oh, now I understand.” It’s too late now! And then when I asked why she gave me Tdap after telling me it wasn’t Tdap, she said something stupid along the lines of, “because there’s no confirmed tetanus case so I had to give the combo shot.” I told them I had stepped on a rusty screw and needed a tetanus only shot over the phone. That call is recorded. I also clarified three additional times while I was there that I did not want Tdap, ONLY a tetanus shot. I was told more than once that they could do that and thathey were going to give me that, but they did not.
A:
You can report the pharmacist who gave you the vaccine to the Missouri Board of Pharmacy.
If you sustain any damages as a result of receiving the vaccine, you can bring a health care liability claim against the pharmacist and the pharmacy that employs her although that it very unlikely. Adverse effects from TDaP vaccines are incredibly rare.
I note that medical experts agree a TDaP vaccine is not only safe during pregnancy, it is recommended that all pregnant women receive one dose between 27-36 weeks of pregnancy regardless of when they last received a prior dose in order to protect the child. I also note that a tetanus ONLY shot is not available in the United States. There are three available vaccines against tetanus approved by the FDA, all of which are combination vaccines: TDaP, DTaP, and Td. The TDaP is the vaccine recommended for pregnant women. It is also recommended for fathers and other adults who will come into contact with a newborn child regardless of when they received their last dose.
Notwithstanding medical expert recommendations, consent is required by law for another person to inject you with a vaccine. Pharmacists, and other health professionals, aren't legally entitled to make the decision for you if you are a mentally competent adult and able to make your own decisions.
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