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Federal US Court rules Hepatitis B vaccine caused Chronic Fatigue Syndrome

Discussion in 'General ME/CFS News' started by Ecoclimber, Aug 9, 2013.

  1. Ecoclimber

    Ecoclimber Senior Member

    Messages:
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    Likes:
    885
    Mercer Island Wa
    United States Court of Claims awards claimant $ 1 million dollars for contacting CFS after a Hepatitis shot.

    I.D. v. Secretary of Health and Human Services 0, 04-1593V (Fed. Cl. 2013)

    United States Court of Federal Claims

    Date Filed: Friday, April 26th, 2013
    Status: Precedential



    Fingerprint: 17f686dceb645a35deeec5fd8ec28425f2d5f33e

    In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS

    *************************
    I.D., * No. 04-1593V
    * The Honorable Susan G. Braden
    Petitioner, * Special Master Christian J. Moran
    *
    v. * Filed: April 26, 2013
    *
    SECRETARY OF HEALTH * Damages; decision based on proffer;
    AND HUMAN SERVICES, * hepatitis B vaccine; chronic fatigue
    * syndrome
    Respondent. *
    *************************

    Mark P. Friedlander, Jr., McLean, VA, and Mark Greenspan, Norfolk, VA, for petitioner;
    Heather L. Pearlman, United States Dep’t of Justice, Washington, DC, for respondent.

    PUBLISHED DECISION AWARDING DAMAGES1

    On October 25, 2004, I.D.’s parents filed a petition on I.D.’s behalf seeking
    compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1
    et seq., alleging that a dose of the hepatitis B vaccination caused I.D. to develop chronic fatigue
    syndrome. On April 22, 2011, the United States Court of Federal Claims determined that I.D. is
    entitled to compensation under the Vaccine Act. On April 19, 2013, the undersigned issued a
    ruling regarding damages.

    On April 26, 2013, respondent filed a Status Report on Award of Compensation, to which
    petitioner agrees. This status report is construed as a Proffer on Award of Compensation. Based
    upon the record as a whole, the special master finds the proffer reasonable and that petitioner is
    entitled to an award as stated in therein. Pursuant to the attached proffer, the court awards
    petitioner:


    1
    At a status conference held on April 26, 2013, petitioner orally moved for redaction of
    petitioner’s name to petitioner’s initials. Respondent indicated that she took no position on
    petitioner’s request. Petitioner’s oral motion was granted.
    Within 14 days, the parties may move for additional redactions in accord with 42 U.S.C.
    § 300aa-12(d)(4) and Vaccine Rule 18(b). Otherwise, this decision will be posted on the Court’s
    website in accord with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
    2913 (Dec. 17, 2002). Any redactions ordered by the special master will appear in the document
    posted on the website.
    1. A lump sum payment of $1,076,412.15 representing compensation for life care
    expenses expected to be incurred during the first year after judgment ($40,357.92),
    lost future earnings ($838,566.45), pain and suffering ($194,580.48), and past
    unreimbursable expenses ($2,907.30), in the form of a check payable to petitioner;
    and

    2. An amount sufficient to purchase an annuity contract, subject to the conditions
    described in the attached Proffer (attached as Appendix A), that will provide
    payments for the life care items contained in the life care plan, as illustrated by the
    proffer’s chart, paid to the life insurance company from which the annuity will be
    purchased. Compensation for Year Two (beginning on the first anniversary of the
    date of judgment) and all subsequent years shall be provided through respondent’s
    purchase of an annuity, which annuity shall make payments directly to petitioner,
    only so long as petitioner is alive at the time a particular payment is due. At the
    Secretary’s sole discretion, the periodic payments may be provided to petitioner in
    monthly, quarterly, annual, or other installments. The “annual amounts” set forth
    in the proffer’s chart describe only the total yearly sum to be paid to petitioner and
    do not require that the payment be made in one annual installment.

    In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
    the court is directed to enter judgment herewith. The Clerk’s Office is instructed to provide a
    copy of this decision to the presiding judge. Vaccine Rule 28.1(a).

    Any questions may be directed to my law clerk, Jay All, at (202) 357-6353.

    IT IS SO ORDERED.

    s/ Christian J. Moran
    ____________________________
    Christian J. Moran
    Special Master


    Federal US Court rules Hepatitis B vaccine caused Chronic Fatigue Syndrome

    A patient was awarded $1.1 million for medical expenses in the first
    year after and an annuity to pay for life care expenses for subsequent
    years after the United States Court of Federal Claims ruled that ‘a dose
    of the hepatitis B vaccination caused [a patient] to develop chronic fatigue syndrome.’
    The case details can be found in a Refusers.com post dated July 9.


    Eco

    Attached Files:

    natasa778 and taniaaust1 like this.
  2. Sushi

    Sushi Moderator and Senior Member Albuquerque

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    Albuquerque
    Now that is amazing? Wonder how they "proved" causality? (sorry, haven't read the whole thing)

    I bet very many of us have had the Hep B vaccine--I know I have. I've been suspicious that it may have exacerbated an existing condition.

    Thanks for posting,
    Sushi
  3. Tito

    Tito Senior Member

    Messages:
    274
    Likes:
    352
    It seems to suggest that compensation has been calculated for the duration of the entire patient's life, which clearly means that no recovery is expected in this person's case.
  4. taniaaust1

    taniaaust1 Senior Member

    Messages:
    7,414
    Likes:
    4,137
    Sth Australia
    I'd love to have that persons lawyer. Ive been seriously considering a legal case for a while (not for vaccine damage but for the Government discrimination and pain and suffering and worsening of my condition which has happened due to that).

    I too may have some Hep B involvement in my case thou it isnt clear as stress with exams and assignments was my first obvious triggering thing involved. I got ME/CFS while I was at college and during that time, i had multiple hep B vaccines as the vaccine wouldnt "take", my body wasnt producing the antibody to the vaccine hence I was vaccined with this a lot more then most. (I still dont know if the vaccine did "take" in the end.. I got ME/CFS so had to drop out of college so never got tested again for the vaccine. We needed to be immune to HepB due to the health field I was going to enter).

    I see my ME/CFS as having multiple triggers and HepB vaccine is one of them.

    If more people were able to take ME/CFS cases to court, we'd soon be looked upon far more seriously. (the only thing which so far has stopped me from doing so is being so darn sick, a lot of my energy, too much, is already going into fighting a terrible system).

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