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Woman Awarded 1.1 Million Plus Care for ME/CFS

Discussion in 'General ME/CFS News' started by ballard, Jul 13, 2013.

  1. ballard

    ballard

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    Dmitri, roxie60, PhoenixDown and 3 others like this.
  2. Dolphin

    Dolphin Senior Member

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  3. ballard

    ballard

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    I think that this is a separate case. This patient is female according to the court document.

    This case was decided in 2009. I'm not sure why it is making the news now except that it probably took some time to establish her exact compensation.

    I think I found some more information regarding the boy's case that you are referring to. If I have this right, it seems as if the going compensation for ME/CFS caused by a hepatitis vaccine is around a million dollars plus lost wages and continuing care, and that people are winning these cases! This is great news for people who have ME/CFS caused by a hepatitis vaccine!
    Clodomir, Valentijn and merylg like this.
  4. Dolphin

    Dolphin Senior Member

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    I wasn't aware of the woman's case (1st link).

    However, the award you mention (2nd link) is for: 04-1593V which is the male's case.
  5. Gypsy

    Gypsy Senior Member

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    wow. Incredible. I am shocked whenever vaccinations are admitted to causing anything, let alone CFS.
  6. roxie60

    roxie60 Senior Member

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    Wish I could say Cymbalta caused my CFS, nothing but misery since I was prescribed that drug 7 years ago and I wa only on it maybe 9 months...
  7. Daffodil

    Daffodil Senior Member

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    doesnt this set a precedent so that all kinds of parents can now sue when their child develops autism after vaccinations???
  8. Ema

    Ema Senior Member

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    xchocoholic and Valentijn like this.
  9. A.B.

    A.B. Senior Member

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    I'm curious, how is the connection between the hepatitis B vaccine and CFS established? By CFS arising within a short period of time after or by other means?
  10. xchocoholic

    xchocoholic Senior Member

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  11. Thinktank

    Thinktank Senior Member

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    Would like to know that too. I got a hep. B vaccination just before getting ill with CFIDS.
  12. natasa778

    natasa778 Senior Member

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    Same thing happening with GMO foods right now, with Monsanto etc stepping above law ... if your health gets messed up by eating GMO foods (and you can prove it, ha!) those who produced it and shoved it down your throat will be untouchable by law
  13. Snow Leopard

    Snow Leopard Senior Member

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    I have mixed feelings about this (as someone who became ill straight after a vaccination)

    It appears to be a legal issue, based on poor labelling? So it is pretty much a once off for this particular vaccine?
  14. Iquitos

    Iquitos Senior Member

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    But Federal law acknowledges that vaccines can cause damage and there is a law for compensation:

    http://www.nvic.org/injury-compensation.aspx

    It's primarly to avert the threat, by vaccine makers, of not producing any vaccines if they can be held liable for damages caused by them.

    Out of 5,000 cases of damage by vaccination claimed by parents of autistic childrren, one was awarded damages a couple of years ago, if I remember right.
    http://www.cnn.com/2008/HEALTH/conditions/03/06/vaccines.autism/index.html

    More info on vaccine damage:

    http://en.wikipedia.org/wiki/Vaccine_injury

    Maybe all the mecfs patients who can trace their illness back to vaccination should sue for compensation from this fund, hmmm?
    Valentijn likes this.
  15. alex3619

    alex3619 Senior Member

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    Laws can be changed, if enough people want that. It requires a fair degree of public outrage though.
    Valentijn likes this.
  16. natasa778

    natasa778 Senior Member

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    Actually many more won damages, several dozens (I forgot the number, it is out there somewhere), but in all those other cases that won lawyers were careful not to claim that vaccine lead to 'autism' but rather more vague 'brain damage' or 'encephalitis' or whatever else (that then 'led to autism-like symptoms'). Most of those cases are under gagging orders, not allowed to publicise or discuss etc.
  17. Ema

    Ema Senior Member

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    That's interesting to know!

    I still think it seems shady though...I mean, cars have the propensity to cause huge damages but the manufacturers are not allowed some special loophole law like this. Or maybe they are? I really wouldn't put anything past our lawmakers these days.

    And I do realize that there is benefit in herd immunity, but it seems like vaccine makers should be held to the same standards as everyone else. Or possibly even higher standards considering they can literally be a matter of life or death.

    I don't think it's necessarily a bad thing if a company that makes a contaminated vaccine and then passes it along is put out of business due to damages.
  18. natasa778

    natasa778 Senior Member

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    Monsanto is now exempt from law in the same way vaccine manufacturers are.

    Here is how you do it
  19. Ecoclimber

    Ecoclimber Senior Member

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    I beleive if this is the same case, there is a statute of limitations from the date of the vacinations to filing a claim. Vaccine Act, cause of action must be filed with the United States Court of Federal Claims within 3 years.

    http://www.uscfc.uscourts.gov/search/node/neuropathy

    There is another Hepatitis case MICHAEL STEPHEN SHAW vs DHHS

    Petitioner, Hepatitis B Vaccine; Small Nerve Fiber Neuropathy; Finding of Entitlement to Compensation on remand.

    This mistaken attack by the body’s own immune system is secondary to the similarity between the foreign Hepatitis-B antigen and the myelin component in the host.” Id. At hearing, Dr. Morgan explained his theory of molecular mimicry as follows:

    "It starts at the dorsal root ganglion and that ganglion has unmyelinated, myelinated, heavily myelinated fibers. There is a antigen antibody reaction that occurs there, disrupts the myelin and is reflected in the peripheral nerve and small fibers, specifically, involving both the alpha thinly myelinated fibers and the unmyelinated C fibers. And that is caused by an immune mechanism which is the antigen from the vaccine that looks at the normal self myelin, cross reacts with it, [and] causes this initial inflammatory reaction. And which then leads to the gradual demyelination [a]ffecting the nerve roots which then account for the person’s - - for Mr. Shaw’s symptoms."

    The court also stated that petitioners can by pass the U.S. Federal Court of Claims under the Vaccine Act and file in a tort case in Federal District Court if the adjuvant thimerosal or other ingredients within the vaccine caused injury.

    Eco
  20. natasa778

    natasa778 Senior Member

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    UK government has just conceded that swine flue vaccine triggered narcolepsy in hundreds ... They are ready to shell out £1million to each victim, but it will be the taxpayer who coughs up again, not the manufacturer.

    They say around 6 million people were vaccinated, about on in 55,000 developed narcolepsy as a result. What does it mean for the exchequer?

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