More details to this question:
My child was vaccinated with Flu vaccine by the Health Dept at the School. The consent form had big letters written on it stating DO NOT GIVE MY CHILD A SHOT!! He also has a Drs waiver for immunizations on file at the school. He is not able to have vaccines due to a hypersensitive immune system. Basically his body over reacts causing inflammation, joint stiffness, fevers and rash. We attempted vaccines controlled through the Drs office this last May and determined he was still reacting. That time it took 6 weeks for him to recover. The Health Dept was contacted and their response was Sorry, it was too late when we saw his form. He was given the vaccine at 9:15 am and I was not notified until 1:20 with a voicemail. They did not contact the emergency# we have on file with the school. Because they left a voicemail, I did not find out until 4 pm when I was done with work. He has started showing signs of reaction. These signs are rash, redness, joint pain, stiffness and RA flare
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You have a viable claim against the school in behalf of your child. However, there are strict rules that need to be followed. You must provide written notice of the claim within 120 days of the occurrence by having the notice personally served on the correct governmental entity. Failure to do so results in a waiver of the claim. The general statute of limitations is 2 years past the age of majority for filing a lawsuit for a minor child on an injury case, but the time line can be shortened if after serving the notice of claim, the claim is formally disallowed and that notice is properly served on the claimant. It shortens the time line to file a lawsuit to 6 months after the disallowance. You will also need to document your child’s injury (allergic reaction) by taking the child for medical treatment. You should consider hiring a personal injury lawyer ASAP to help you with your child’s claim.
Answered on Oct 19th, 2017 at 7:17 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com