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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

    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

    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.


    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

    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;

    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.


    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 post dated July 9.


    Attached Files:

    Fat Viking, Wayne, heapsreal and 4 others like this.
  2. Sushi

    Sushi Moderation Resource 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,
    merylg likes this.
  3. Tito

    Tito Senior Member

    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

    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).
    merylg likes this.
  5. Lemnia


    Just read this. Staggering! 2 months prior to becoming very ill with CFS 3 years ago, I was given the hepatitis vaccine. I had a severe reaction to it immediately in the doctors surgery within seconds of it being given which they documented. I ended up passed out and woke on a tilted bed. Was OK to leave after an hour but thought nothing of it. Within 2 months I was incredibly ill. Anyone else had this happen?
  6. sianrecovery

    sianrecovery Senior Member

    Manchester UK
    A mixed Hep A/B jab that my occupational health department said was mandatory preceded a sharp decline in my health. Difficult as always to establish causal links.
    Sparrowhawk likes this.
  7. IreneF

    IreneF Senior Member

    San Francisco
    The court of claims for vaccine injuries does not "prove" anything. It was set up by the US gov't so that vaccine manufacturers would continue to make them. Otherwise they would have been afraid of liabilty lawsuits against their products, and just stopped production.

    I don't know what criteria the court uses to award claims, but they do not necessarily constitute scientific proof of vaccine injury. Obviously some people are injured by vaccines, but it's hard to prove cause and effect in each individual case.
    barbc56 and Sidereal like this.
  8. Fat Viking

    Fat Viking

    He lost the claim, is that what the below means? I have given the link to it as well

    "The Court of Federal Claims erred by vacating the special master's findings under Althen factor 2. Because these findings demonstrate that petitioners have not met their burden under this factor, the final judgment of the Court of Federal Claims in favor of petitioners is reversed."
  9. Fat Viking

    Fat Viking

    I have been researching Hep B vaccine for just under a year now because I had the Hep B vaccine and suffered serious adverse reactions (you can read more about that here From my research, there is no casual link that can be PROVED or DISPROVED between Hep B vaccine and disorders. If you induced a neurological or autoimmune disorders as a result of Hep B vaccine, then in Court you are most likely to WIN the claim, however if you induced a Rheumatic disorder as a result of Hep B vaccine, then in Court you are most likely to LOSE the claim. That's what I noticed from the case reports that I was able to find online (they were all American case reports though, I couldn't find any from the UK.)

    "The VICP has reviewed 627 Hepatitis B vaccine lawsuits — 577 for injury, and 50 for death. As of June 1, 2012, they have awarded compensation in 210 cases and dismissed 353 cases."

    "The VICP has reviewed a total of 48 Hepatitis A vaccine lawsuits, of which 46 were injury claims and 2 were claims for death. As of June 1, 2012, the VICP has compensated 12 cases and dismissed 14 cases."

    As you can see there are more legal cases for Hep B vaccine then there is for Hep A vaccine.

    Here are two citations that shows manifestations of Hep B vaccine:
    Chronic fatigue syndrome and fibromyalgia following immunization with the hepatitis B vaccine: another angle of the 'autoimmune (auto-inflammatory) syndrome induced by adjuvants' (ASIA).

    Autoimmunity following hepatitis B vaccine as part of the spectrum of 'Autoimmune (Auto-inflammatory) Syndrome induced by Adjuvants' (ASIA): analysis of 93 cases.

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