Swine flu. Tort claims. Will one ever lead to another? The BLT caught up with plaintiffs' lawyer Salvatore Zambri, name partner at Regan Zambri & Long, to discuss the issue.
Zambri, who specializes in large-scale medical malpractice, automobile accident, and products liability claims, says health professionals, employers, and particularly the transportation industry could be at risk if pig flu turns into a pandemic.
Let’s say someone goes to a doctor with flu-like symptoms, and they’re not taken seriously. That person, Zambri says, would definitely have a strong claim for lack of reasonable dispensation of treatment. Now let’s say you go to get vaccinated, or better yet, there’s a massive government vaccine program like the one thrown together in 1976 for the pandemic-that-wasn’t. Health professional could trigger a host of vaccine injury claims for negligently administering the stuff, for giving the wrong dosage or even the wrong vaccine, for puncturing an artery, etc.
How about in the workplace? So, you’re the lead counsel in a high-profile case, or any case for that matter, and you’re on the eve of trial and you come down with some serious pig flu. Zambri says if the lawyer’s boss were aware of the illness but decided not to bench him, “that’s putting profits over people.” He goes on, “If an employer knows about employees being ill and fails to remove them, fails to do what’s obvious and reasonable, well then you would be exposing yourself to legal claims. Legitimate legal claims.”
Now, you’re a major airline carrier. There’s a guy in line, waiting to board, looking positively funereal. Can you profile pig flu hosts? “The airline doesn’t need to ask every patron who’s handing in their boarding pass to state whether they have swine flu,” Zambri says. “However, if it turns into a pandemic, they would have to take reasonable steps to avoid liability.” Zambri says those steps could include foresting the terminal with signs or placards, asking customers to let the airline know if they or someone around them are exhibiting flu-like symptoms.
“The good news is this is not a panic state yet,” Zambri says. "But it’s not something we can ignore. We all have to play our role. I think the president got it right. Wash your hands.”
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