LOUISVILLE, Ky. (WDRB) — A Louisville family has filed a lawsuit against CVS claiming two children under the age of 12 were mistakenly given a COVID vaccine instead of a flu shot. 

The lawsuit, filed in U.S. District Court Feb. 1 on behalf of Christiana Hobbs, claims her children were given adult doses of the Pfizer COVID-19 vaccine instead of their annual flu shot.

Both children “were well under the age of 12 years old at the time” the suit says. The children were given the shots at the CVS Pharmacy located at 9575 Taylorsville Road, in Louisville.

After receiving the shots, they returned home, but the next morning, one child complained of pain in his leg that got worse through the day. “By the time he got to school, it was hurting so badly that it was compromising his ability to walk,” according to the lawsuit. 

Hobbs says she received a call from CVS informing her of the mix-up and encouraging her to call her pediatrician immediately.

The suit claims that a senior manager for CVS “provided a statement to a local news station wherein she admitted that ‘two minor patients inadvertently received COVID-19 vaccinations when they requested flu vaccinations.'”

In October, Hobbs told WDRB News that the technician at the pharmacy grabbed the wrong shots and gave her kids the COVID-19 vaccine. CVS encouraged her to call her pediatrician right away, she said.

Amy Thibault, corporate communications senior manager, sent a statement at the time about the incident:

“On Monday, October 4, at our pharmacy on Taylorsville Road in Jeffersontown, two minor patients inadvertently received COVID-19 vaccinations when they requested flu vaccinations. The error was disclosed to the patients’ parent immediately. Out of an abundance of caution, we recommended that the parent notify the patients’ primary care physician. We are reporting this incident to HHS’s Vaccine Adverse Event Reporting System (VAERS) and are taking steps to help prevent this from occurring again.”

The lawsuit names CVS Pharmacy Inc. and CVS Health Inc. as defendants and alleges malpractice and negligence against CVS. 

The suit requests at least $75,000 for malpractice, negligence, emotional distress and other alleged injuries. The suit also requests punitive damages. 

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