Q: Can I hold the VA accountable for damages, like losing my job and my educational benefits due to a injection given to me
I received a covid inject on 09-26-2004, afterwards i began to fill pain and tingling in my right arm. After that i ended up in the emergency room twice. Then i was call in to the Joliet clinic and found out that my arm was infected and feverish. I was given antibiotics for it and sent home with doctors notes. Afterwards, the infection subsided; during this time I lost my job with the post office and my grades in school suffered. Since then, I have taken time off from school. Currently, I am fighting a case for my job back, but my counselor controlling my chapter 31 benefits no longer considers me suitable for educational benefits. I have all medical documentation and all emails between me and him.
A:
Technically, YES, but for all practical purposes, NO. Before you can sue, you must submit a Standard Form 95 to the VA, stating:
The negligence that occurred
The damages suffered
The amount of compensation sought
The evidence supporting your claim (medical records, expert opinions, etc.)
There are many limitations such as you must bring your case before a Federal Judge without a jury and punitive damages are not allowed.
Moreover, infection and other reactions are reasonably foreseeable with ANY immunization. You incurred no medical expense so you would be suing for wage loss, only. It is difficult to imagine that you would want to invest all the time and money necessary to complete the standard form 95 when you have so little to gain. I appreciate that it must've been very disconcerting to lose your job and have your education interrupted but litigation isn't always the answer. For a more thorough discussion, you may wish to speak with an attorney who regularly handles Federal tort claims Act cases. Good luck. All
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