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Woman Awarded 1.1 Million Plus Care for ME/CFS

ballard

Senior Member
Messages
152
A woman has won her claim that a hepatitis B vaccine caused her CFS.
She has been awarded $1.1 million dollars for medical expenses in the first year after the judgement, and an annuity to pay for her care in subsequent years.
I personally think a ruined life is worth a lot more money, but at least it's a start and sets a precedence.
Full case:
http://www.ccandh.com/decisions/21838.pdf
Article:
http://www.examiner.com/article/hepatitis-b-vaccine-has-been-ruled-to-cause-chronic-fatigue-syndrome
 

ballard

Senior Member
Messages
152
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!
 

Dolphin

Senior Member
Messages
17,567
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!

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.
 

Daffodil

Senior Member
Messages
5,875
doesnt this set a precedent so that all kinds of parents can now sue when their child develops autism after vaccinations???
 

A.B.

Senior Member
Messages
3,780
This is great news for people who have ME/CFS caused by a hepatitis vaccine!

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?
 

Thinktank

Senior Member
Messages
1,640
Location
Europe
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?

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

natasa778

Senior Member
Messages
1,774
me too. How did we become a nation that protects business over it's people ?

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
 

Snow Leopard

Hibernating
Messages
5,902
Location
South Australia
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?
 

Iquitos

Senior Member
Messages
513
Location
Colorado
Federal law protects vaccine makers as far as I know.

http://www.washingtonpost.com/wp-dyn/content/article/2011/02/22/AR2011022206008.html

Seems shady to me.

Ema

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?
 

alex3619

Senior Member
Messages
13,810
Location
Logan, Queensland, Australia
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

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

natasa778

Senior Member
Messages
1,774
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.

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.
 

Ema

Senior Member
Messages
4,729
Location
Midwest USA
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.
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.
 

natasa778

Senior Member
Messages
1,774
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.


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

Here is how you do it
 

Ecoclimber

Senior Member
Messages
1,011
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