Can I sue a clinic for giving my son an expired rotavirus vaccine?
Question Details: My 2 month son was giving expired rotavirus vaccine at his well child visit. Then, 2 days later, he was hospitalized for fever and diarrhea and later bloodily diarrheas. About 2 weeks went by this little one is still having some diarrhea. The new pediatrician does not think his sickness was from the expired vaccine but ca not be definite that it is not. Should I seek legal action on this matter?
No, based on what you write, do not seek legal action unless both of the following are true:
1) Your son suffers some serious and longlasting (or permanent) harm or impairment, or you incure tens of thousands of dollars of out-of-pocket (not paid by insurance) medical costs. Medical malpractice or medicine product liability cases are very expensive: unless there is life changing injury or large medical costs at stake, they are not worthwhile.
2) There is medical evidence--for exampe, the opinion of a relevant doctor (someone whose speciality and experience is relevant), or peer-reviewed papers in well-regarded medical journals--linking an expired vaccine to the illness your son suffered. Without medical evidence to show causation, you can't prove your case.