PINELLAS COUNTY, Fla. – A lawsuit has been filed against Publix Supermarkets for alleged improper administration or supervision of a COVID-19 vaccination, causing injuries to a man.
The Publix located at 1700 34th Street North in St. Petersburg is the location where the vaccination was received.
The lawsuit filed by William Dobbelaer, states that he fainted and collapsed causing injuries, after receiving the COVID-19 vaccination.
However, the lawsuit does not describe the specific injuries sustained or where they were sustained. It does state there was hospitalization and medical and nursing care provided to Dobbelaer.
The lawsuit lists improper education, training or monitoring of employees, agents or representatives as Publix’s potential liability, along with negligently and carelessly supervising a newly vaccinated person, not providing a safe place to sit and wait following the vaccination to detect potential adverse side effects, or negligently and carelessly administering the vaccine.
The Free Press reached out for greater details to Dobbelaer’s attorney, Michael P. Rudd of Rudd and Diamond in Hollywood, Florida.
He stated, “Publix didn’t have any chairs to sit in so they told him to walk around. He fainted near the deli.” Rudd supplied photos of Dobbelaer’s alleged injuries.
But Publix Supermarkets filed a Motion to Dismiss on August 9, citing improper filing of the lawsuit and no definitive “cause of action” being specifically listed as committed by Publix Supermarkets.
The motion contends that Dobbelaer’s lawsuit does not give clarity, or factual matter, to what wrong they allegedly committed.
It states, “The complaint must be framed so as to allege the wrong complained of with sufficient certainty to clearly apprise the court and the defendant of the nature of the claim asserted…In order to survive a motion to dismiss, the complaint must allege ultimate facts.”
The Motion also indicates that protection through the Federal law called the “PREP ACT,” “provides immunity from liability to authorized administrators of the COVID-19 vaccine except for in cases of willful misconduct.”
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Publix’s defense states that Dobbelaer’s legal complaint does not describe any instance of “willful misconduct” and should therefore be dismissed.
Publix then declares that Dobbelaer did not exhaust his “pre-litigation administrative remedies,” and that he must file any case against them in the United States District Court of the District of Columbia “as it has exclusive jurisdiction over injuries stemming from the administration of COVID-19 countermeasures.”
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