Invest in ME Conference 12: First Class in Every Way
OverTheHills wraps up our series of articles on this year's 12th Invest in ME International Conference (IIMEC12) in London with some reflections on her experience as a patient attending the conference for the first time.
Discuss the article on the Forums.

Hepatitis B vaccine and ME/CFS - US court case

Discussion in 'General ME/CFS Discussion' started by charles shepherd, Jan 22, 2016.

  1. charles shepherd

    charles shepherd Senior Member

    Messages:
    2,239
    Likes:
    16,197
    Hepatitis B vaccine and CFS: US court case

    Does anyone in America have any further information as to what is happening in the case below - where there was going to be a challenge in the the US Supreme Court to the decision by the US Court of Appeals to overturn the compensation award

    You can email me at: meconnect@meassociation.org.uk

    Thanks
    Dr Charles Shepherd

    Parents of Vaccine Injury Victim Petition Supreme Court to Decide Proper Standard for Victim Compensation
    Back in 2001, ten-year-old Ilya Dobrydnev received a vaccination for hepatitis B. Following the vaccination, he experienced a fever, swollen lymph nodes, inflammation of his inner ear and ultimately severe loss of memory. Now an adult, Mr. Dobrydnev suffers from chronic fatigue syndrome.

    Because of Mr. Dobrydnev’s injuries, his parents filed a claim in vaccine court, which is part of the National Vaccine Injury Compensation Program, a no-fault system designed to compensate vaccine injury victims and to limit the liability of vaccine manufacturers. The vaccine court awarded Mr. Dobrydnev’s parents $1 million, as well as annual payments for his ongoing medical care. The United States Department of Justice challenged the vaccine court’s decision, and the United States Court of Appeals overturned the award. Even though Mr. Dobrydnev’s parents presented experts to the vaccine court who opined that the hepatitis B vaccine caused Mr. Dobrydnev’s chronic fatigue syndrome, the court of appeals held that Mr. Dobrydnev’s case did not satisfy the standard for vaccine injury compensation.

    As a result of the Court of Appeals decision, Mr. Dobrydnev’s parents have filed a petition with the United States Supreme Court, claiming that the Court of Appeals used the wrong standard for determining the proper amount of compensation for vaccine injury victims. The Supreme Court will now decide whether to consider the case. Please continue to follow our Blog for updates on vaccine injury cases.

    The Wisconsin vaccine injury lawyers of Samster, Konkel & Safran, S.C. have helped many people receive compensation for vaccine injuries. Since the vaccine court was created in 1986, the court has awarded a total of $2.9 billion to approximately 3,900 vaccine injury victims. If you or someone you know has suffered a vaccine-related injury, contact us for a free online case evaluation.



    http://www.skslawyers.com/injuryAttorneyNewsCases.asp?article=Parents of Vaccine Injury Victim Petition Supreme Court to Decide Proper Standard for Victim Compensation&aid=614&id=8
     
    Last edited: Jan 22, 2016
    Fat Viking, Tammy, Valentijn and 2 others like this.
  2. PhoenixDown

    PhoenixDown Senior Member

    Messages:
    376
    Likes:
    691
    UK
    I wish I could take legal action against those who sectioned me, forced me to walk when I was bedbound, and made my M.E a whole lot worse. They told me I wasn't in any pain and that they knew I could walk because they'd seen me do it.
     
    Last edited: Jan 22, 2016
  3. Ecoclimber

    Ecoclimber Senior Member

    Messages:
    989
    Likes:
    2,440
    I sent information to @charles shepherd concerning this case. On Appeal. The petition for writ of certiorari, [14-868], filed on 01/16/2015, was Denied on 03/23/2015. The Court of Appeal's decision was stayed. Case overturned.
     
  4. charles shepherd

    charles shepherd Senior Member

    Messages:
    2,239
    Likes:
    16,197
    Thanks

    There was a typo in my MEA email address in the main message - which I have now corrected
     
  5. Snow Leopard

    Snow Leopard Hibernating

    Messages:
    4,615
    Likes:
    12,452
    South Australia
    So wait, it was overturned as they believed they were giving out too much money? How much is a life of severe illness "worth"?

    I had severe symptoms less than a few weeks after a vaccination when I was 15 (severe lower limb weakness - acute flaccid paralysis- GBS like symptoms), but doctors refused to investigate properly or report it as an adverse effect and Australia lacks a compensation scheme. At the time we just assumed I would get better. Many years later, I know differently.
     
  6. Kati

    Kati Patient in training

    Messages:
    5,466
    Likes:
    19,595
    i am very sorry, @Snow Leopard

    I know many who have contracted the illness following immunization.

    Unfortunately, physicians are programed to believe that immunization is safe. And they would all prefer to say that those reporting adverse reactions to vaccines are catastrophizing, making it up, or it simply happened at around the same time but could not possibly be linked.

    Lot of money is linked to vaccinations, and pharma makes sure to entertain physicians and to provide them with 'incentives'.

    I hope things change.
     
    Mary, Fat Viking, L'engle and 5 others like this.
  7. Snow Leopard

    Snow Leopard Hibernating

    Messages:
    4,615
    Likes:
    12,452
    South Australia
    In Australia, there was recently a review - they are now linking family welfare payments and childcare accessibility to having a full vaccination schedule - it is basically no longer a matter of choice. Sure, maintaining herd immunity is important. But while there is benefit to society, there are costs to a few individuals who have adverse reactions. Sadly they passed the changes without adopting a no-fault compensation scheme. Despite the fact that most public health experts explicitly proposed one and asked why Australia is the exception in the developed world?

    http://www.who.int/bulletin/volumes/89/5/10-081901/en/
     
    L'engle, Chrisb and ScottTriGuy like this.
  8. Thomas

    Thomas Senior Member

    Messages:
    309
    Likes:
    410
    Canada
    It was a flu shot that triggered my ME. Sudden onset 10 days after receiving it although I began to feel unwell immediately after. A day that will haunt me for the rest of my life.

    By the way, it's not just Australia; Canada does not have a compensation system for vaccine injured individuals either.
     
    Fat Viking, L'engle, Tammy and 2 others like this.
  9. charles shepherd

    charles shepherd Senior Member

    Messages:
    2,239
    Likes:
    16,197
    I think no fault compensation in a situation like this - where a vaccination such as hepatitis B is being almost forced on people as a condition of employment, or where welfare payments are linked to compliance - is the only logical solution

    Here in the UK we have the Vaccine Damage Payments Scheme- but it comes with quite a few hurdles to jump and exceptions:

    https://www.gov.uk/vaccine-damage-payment/eligibility

    Having helped a number of health workers who predate the onset of their ME/CFS to HBV it is unacceptable to then find that the UK VDPS does not include serious adverse reactions caused by HBV. And it has proved impossible to get a satisfactory explanation as to why.

    I am currently working with the BBC on a programme that will be looking at vaccine damage compensation
     
  10. charles shepherd

    charles shepherd Senior Member

    Messages:
    2,239
    Likes:
    16,197
    Fat Viking, Snow Leopard and Thomas like this.
  11. jimells

    jimells Senior Member

    Messages:
    2,001
    Likes:
    6,114
    northern Maine
    I find it interesting that in the US drug ads must include info on adverse effects - except for vaccine ads sponsored by the state. According to those ads, no one has ever been harmed by a vaccine.
     
    Fat Viking, L'engle, Tammy and 2 others like this.
  12. jimells

    jimells Senior Member

    Messages:
    2,001
    Likes:
    6,114
    northern Maine
    I get exhausted just thinking about all the projects you are working on, all the while dealing with this illness yourself. I hope you are able to get some rest, once in a while.
     
  13. HowToEscape?

    HowToEscape? Senior Member

    Messages:
    489
    Likes:
    644
    If the miniscule amount of weakened hep B in the vax caused someone to crash, the vastly (billions) of times larger amount from catching the disease would have been much worse.
     
  14. halcyon

    halcyon Senior Member

    Messages:
    2,307
    Likes:
    5,391
    I doubt it's the HBV that does it. It's probably the effects of the adjuvant on the immune system combined with a preexisting subclinical or proximal subsequent infection with another virus that leads to ME in those cases. Basically, bad luck or bad timing.
     
    picante, Fat Viking, Mij and 2 others like this.
  15. Thomas

    Thomas Senior Member

    Messages:
    309
    Likes:
    410
    Canada
    Completely agree. And that's what happened to me with the flu shot as I received it while also fighting a minor infection but the doctor administered it anyway.

    I often wonder if I and others would have gotten ME anyways just via a different route? Again, a question that will haunt me for eternity.
     
    Fat Viking and halcyon like this.
  16. Sidereal

    Sidereal Senior Member

    Messages:
    3,097
    Likes:
    17,177
    I am inclined to think so.
     
  17. Thomas

    Thomas Senior Member

    Messages:
    309
    Likes:
    410
    Canada
    Yeah, same.
     
  18. Mij

    Mij Senior Member

    Messages:
    2,269
    Likes:
    5,030
    Questions for those who received Hep B during an infection.

    Did you start feeling less energy or neurological symptoms after the 1st shot? Did you continue to have the 2nd and 3rd shots thereafter? Did you have a booster shot?

    I had the Hep B shots (plus 2 other immunizations) during a viral infection. After the 2nd shot is when my energy level declined rapidly. I decided not to have the final 3rd shot of Hep B because I was too ill by then. I'm thankful I made that decision.
     
  19. charles shepherd

    charles shepherd Senior Member

    Messages:
    2,239
    Likes:
    16,197
    Having had a clinical and research interest in the role of vaccines in triggering ME/CFS, or exacerbating pre-existing ME/CFS, hepatitis B vaccine in health workers in particular, dating back many years I now have information on a considerable number of cases - probably more than any other doc here in the UK

    What Mij says is relevant because I have a small number of people with ME/CFS who give a history of feeling unwell after the first HB vaccination (but nothing too serious), and have then gone on to predate the onset of their ME/CFS symptoms to the second or third dose. In some instances they had been persuaded/co-erced to carry on with the course (for occupational health reasons) and had also been reassured by a health professional that while HBV can cause minor side-effects it would not cause serious side-effects

    It is possible that HBV was therefore given to someone who had a low level infection (and vaccines should not normally be given if there is an infection) or the mild reaction to the first reaction was an indicator that something more serious was going to happen following the second or third infection

    For the vast majority of people HBV is a safe and very effective way of providing protection against a potentially life threatening liver disease. I would not want to dissuade anyone who is healthy from having it (including members of my own family)

    But HBV does appear to play a very disproportionate role in triggering ME/CFS - suggesting that there is something rather unusual about either the vaccine or one of its additives (which used to include thiomersil in some HBV products)

    More questions than answers…….
     
    ryan31337, Mary, Fat Viking and 3 others like this.
  20. Thomas

    Thomas Senior Member

    Messages:
    309
    Likes:
    410
    Canada
    @charles shepherd indeed more questions than answers. Having said that, I have a question.

    Are you familiar with Prof Yehuda Schoenfeld's work on this particular topic and his ASIA Syndrome? If so, is there a way to differentiate that syndrome from a vaccine induced case of ME? In Israel where he works, where I also have family friends, they seem to separate ASIA from ME although to me they seem remarkably similar. Do you have any thoughts on this?
     

See more popular forum discussions.

Share This Page