Medical Malpractice Opinions
Watts v. Maryland CVS Pharmacy, LLC
Court: U.S. Court of Appeals for the Fourth Circuit
Docket: 23-2025
Opinion Date: July 1, 2025
Judge: Pamela Harris
Areas of Law: Civil Procedure, Medical Malpractice, Personal Injury
Amanda Watts received two vaccines, Pneumovax 23 and Boostrix, at a CVS Pharmacy in 2017. She claimed that both vaccines were negligently administered in the same improper location on her arm, leading to a chronic pain condition. However, CVS is immune from suit for the administration of Boostrix under the National Childhood Vaccine Injury Act of 1986. Consequently, Watts's complaint focused solely on the alleged negligence in administering Pneumovax.
The United States District Court for the District of Maryland granted summary judgment to CVS, finding that Watts presented no evidence from which a jury could determine that her injury was caused by the Pneumovax vaccine rather than the Boostrix vaccine. The court also struck an errata sheet submitted by Watts's expert, Dr. Akhil Chhatre, which attempted to amend his deposition testimony to suggest that both vaccines contributed to Watts's injury.
The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's decision. The Fourth Circuit agreed that Watts failed to provide evidence to establish that her injury was caused by the Pneumovax shot, as required to overcome CVS's immunity for the Boostrix shot. The court noted that both of Watts's experts could not definitively attribute her injury to the Pneumovax vaccine alone. The court also upheld the district court's decision to strike Dr. Chhatre's errata sheet, which materially altered his original testimony.
The Fourth Circuit concluded that without evidence to separate the effects of the two vaccines, a jury could only speculate on the cause of Watts's injury. Therefore, Watts could not satisfy the causation element of her negligence claim, and the summary judgment in favor of CVS was affirmed.
https://law.justia.com/cases/federal/appellate-courts/ca4/23-2025/23-2025-2025-07-01.html
On a related note: it makes me cringe every time I walk down a pharmacy aisle, for that matter our large Albertson's with a pharmacy in it too, and I have to hear repeated, automated announcements reminding people to be sure and get their COVID vaccines or their Flu shots, etc. I think it's high time that Pharmacies and Pharmacists were also pursued legally for their parts in causing grievous injuries and deaths through promoted "safe and effective" toxic jabs. All liability should be removed - from Big Pharma first and foremost, also from Physicians, Pharmacies, Media, and politicians who push dangerous vaccines. These people should all face prison time. If that were the case, our world would be filled with far more healthier people.
They both injured her. Also, I’ve been a nurse for 21+ years and IM injections are supposed to be aspirated before injection. But, since Covid they are now saying it’s not recommended. In one side they say muscles (where the IM injection goes) is full of blood vessels and now they say that there’s not enough vessels to make a difference. Evil double speak if I’ve ever heard. BTW, I stopped injecting people in the last 5 years. I refuse, and informed consent is my reason. But, when I did inject, there’s been a few times where I had to withdraw before injection because there was blood! These monsters don’t want to lose money and depop is real!