Date: 07-03-2025

Case Style:

Amanda Watts v. Maryland CVS Pharmacy, LLC

Case Number: 21-CV-589

Judge: JRR

Court: United States District Court for the District of Maryland (Baltimore County)

Plaintiff's Attorney: Lindsey McCulley and Ben Salsbury, and Kevin Sullivan

Defendant's Attorney: Katherine Solomon, Scott Burns, Diane D'Aiutolo, Cori Schreider

Description: Baltimore, Maryland personal injury lawyer represented the Plaintiff on a negligence case.

At a CVS Pharmacy in 2017, Amanda Watts was given two shots, one with the Pneumovax 23 vaccine and one with the Boostrix vaccine. According to Watts, both vaccines were negligently administered, in the same improper location in her arm. Watts was eventually diagnosed with a chronic pain condition that can result from nerve injury, which she attributes to CVS’s negligence.

But CVS is immune from suit for its administration of Boostrix under the federal National Childhood Vaccine Injury Act of 1986. Accordingly, Watts’s complaint against CVS alleged only that it was negligent in its administration of Pneumovax.

Under the Vaccine Act, a person seeking damages of more than $1,000 for an alleged injury resulting from the administration of a covered vaccine must exhaust their remedies under the VIC Program before suing a vaccine administrator, like CVS, in state or federal court. 42 U.S.C. § 300aa-11(a)(2)(A). To proceed under the VIC Program, a
claimant files a petition with the United States Court of Federal Claims. Id. § 300aa-11(a)(1). As relevant here, petitions alleging injury but not death must be filed within three years after the first symptom of the alleged injury. Id. § 300aa-16(a)(2).

* * *

The National Childhood Vaccine Injury Act of 1986 established the National Vaccine Injury Compensation Program (NVICP), a no-fault system for compensating individuals injured by certain vaccines. This program aims to ensure vaccine supply, stabilize costs, and provide a more accessible and efficient way to handle vaccine injury claims than traditional lawsuits.
Key aspects of the Act and NVICP:

No-fault compensation:
.

The program provides compensation for vaccine-related injuries or deaths without requiring claimants to prove negligence or fault on the part of vaccine manufacturers or providers.
Covered vaccines:
.
The program covers injuries or deaths resulting from vaccines recommended by the CDC for routine childhood immunization.
Petition process:
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Individuals with potential vaccine-related injuries file a petition with the U.S. Court of Federal Claims.
Special Masters:
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The court appoints special masters to review petitions, determine eligibility for compensation, and calculate award amounts.
Limited liability for manufacturers:
.
The program shields vaccine manufacturers from liability for injuries caused by properly manufactured and administered vaccines, as long as they comply with regulatory requirements.
Alternative to lawsuits:
.
The NVICP was created as an alternative to traditional lawsuits, which were threatening vaccine availability and affordability due to the potential for high litigation costs and settlements.
Right to pursue legal action:
.
If a claim is denied or if the compensation awarded is not satisfactory, individuals can still pursue legal action against vaccine manufacturers or administrators.
Informed consent and reporting requirements:
.
The Act also includes provisions for informed consent, requiring vaccine providers to give parents information about vaccine benefits and risks before vaccination. It also mandates reporting of adverse events following vaccination to the Vaccine Adverse Event Reporting System (VAERS).

In essence, the National Childhood Vaccine Injury Act of 1986 sought to balance the need for a stable vaccine supply and affordable prices with the need to compensate individuals who experience serious adverse reactions to vaccines.

Outcome: The district court granted summary judgment to CVS because Watts presented no evidence from which a jury could find that it was CVS’s administration of the Pneumovax vaccine, rather than the Boostrix vaccine, that caused her injury.

Affirmed

Plaintiff's Experts:

Defendant's Experts:

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