It is impossible to get out of bed these days without hearing something about the ever-changing landscape surrounding the COVID vaccination. As of yesterday, August 23, 2021, the Pfizer COVID vaccine received full FDA approval for use in individuals aged 15 and older. As a result, various employers, schools, and other community organizations are now mandating COVID vaccinations for employees, students, and patrons.
One of the most frequent questions we receive here at Vaccination Injury Lawyers is whether we can help anyone exercise protected rights to avoid a COVID vaccine mandated by their employer or school. The short answer is that we cannot help.
Private employers and schools are free to set conditions of employment/attendance that all employees and students must adhere to or risk losing the ability to participate in the organization. The COVID vaccine is no different. Except in certain narrowly defined medical, disability, or religious situations, no valid exceptions apply. Any such exceptions are applied under state law and enforced locally. We are not, at this time, in a position to assist in filing exemption claims or to aid in pursuing religious or medial exemptions.
Our practice remains focused on helping those INJURED by vaccinations and not on avoiding them altogether. If you feel like you have been injured by a COVID vaccination, you do not have a claim under the NVICP right now --- but you may in the near future.
Our advice to anyone with a possible COVID injury is to keep a detailed journal of onset, symptoms, and treatment, along with obtaining any and all necessary or recommended medical care. Following this plan will lay the groundwork for recovery in the Vaccine Injury Program if/when the COVID vaccine(s) are finally included as covered vaccines.
This is certainly a different time in America and the world. We are all facing challenges that we would have never thought a reality only a week or so ago. So first, we want to urge all of you to follow CDC guidelines for staying healthy. And second, we want to give you an update on how COVID-19 (“Coronavirus”) is and will be affecting your case with us going forward.
Our office is open and fully functional at this time.
The very nature of the Vaccine Program sets itself up well for continuing to move cases in a remote environment. The judges, parties, attorneys, and experts are all usually in different locations, and the vast majority of what we do is created and filed in the Court electronically. With the exception of a trial or one of us meeting with you, face to face contact is limited in both its frequency and requirement.
The Court is pausing a lot of in-person proceedings, which may actually serve to speed up certain aspects of cases. We can still file records, have settlement negotiations, confer with experts, and otherwise move your case forward from our remote locations. However, we have noticed that some healthcare providers have closed their offices. This could slow down our ability to get records, but our staff will work diligently to receive all records and documents needed.
All court deadlines remain in effect at the current time.
While some deadlines may be extended more easily due to the circumstances, there has been no blanket “pause” on cases. What this means for you is that you will continue to receive emails or phone calls from us as we work on your case. We know it may be hard, but try to maintain communication with us so we can move your case forward.
Certainly, if unfortunate health circumstances affect you or a family member, please let us know, and we will make sure your case is put on hold as long as you need.
On a personal note, we wish you and your family all the best during these uncertain and trying times. Please stay safe and stay healthy.
If you have any questions, you can reach any or all of us via e-mail or phone at your convenience.
Chris Webb
Attorney & Shareholder
BMJRG Local Firm Operations Status Update
Over the past few months, the United States and the world has faced challenges we never thought possible. As we continue to deal with the ongoing issues of COVID-19 (“Coronavirus”), we urge each of you to follow CDC guidelines for staying healthy: wash your hands, practice social distancing, stay home if you feel ill.
Most current cases are moving forward without significant delay; only cases that require an in-person trial setting may experience a postponement. Although in-person court hearings are limited, all of our attorneys are fully prepared to handle court hearings via video conferencing platforms and have experienced little to no delay in accessing a judge when necessary. Depending on client preference, needs, and logistics, all our attorneys meet with clients regularly by telephone, virtually, and in-person (taking all health and safety precautions necessary.)