Posted on 08/25/2002 7:06:30 PM PDT by Incorrigible
Friday, August 16, 2002
By LINDY WASHBURN
Staff Writer
A New Jersey girl whose mental development stopped at 2 months old after a routine immunization has received a $4.7 million settlement from a national trust fund.
More than $3 million of the award will go to an annuity that will pay for the child's care as long as she lives. Its payout could exceed $61 million if she lives to 71, said Mindy Michaels Roth, the Glen Rock attorney who brought the case in the U.S. Court of Federal Claims.
The payment to the girl, now 9 years old but with the mental ability of a 2-month-old, comes from the National Vaccine Injury Compensation Program, funded by a 75-cent tax on each vaccination. Congress created the fund in 1986, at a time when a growing number of lawsuits against vaccine manufacturers was driving them out of the marketplace, and more parents were choosing not to immunize their children because they feared harmful side effects.
"It removes a tremendous weight as to how we'll care for [our daughter] financially,'' said the girl's father, who lives in Central Jersey and asked that the family not be identified. "As finite human beings, we die. Who's going to care for her? This eliminates that burden'' because her eventual care in a nursing home is provided for, he said.
Congress established the program to stabilize the supply of vaccines and free money for research on safer alternatives.
The program also created a less expensive method to resolve claims outside the normal court system.
Since its inception, the fund has settled more than 5,500 claims, and awarded nearly $1.4 billion. Awards range up to $9.1 million. This year's average has been $800,000.
The fund provides compensation for injuries from all vaccines mandated by the federal government: diphtheria, tetanus, and pertussis (DTP); measles, mumps, and rubella (MMR); polio, hepatitis B, chickenpox, and H. influenza Type B.
This month, the pneumococcal vaccine was added to the list, and it became easier for parents whose babies suffered a bowel blockage following the rotavirus vaccine to secure compensation. Injuries from smallpox and anthrax vaccines are not covered by the fund.
Legislation is also pending, Roth said, to consider autism as a possible vaccine-related injury.
Some people believe the rising incidence of autism is partly attributable to the growing number of vaccines administered before a child's immune system is mature. In particular, they cite the mercury used as a component in some vaccines as a possible toxin.
However, a recent Institute of Medicine report concluded there was insufficient evidence to accept or reject a link between thimerosal, a mercury component in some vaccines, and autism and other developmental and neurological disorders.
Of the 4 million children each year who receive multiple vaccines, about 10,000 adverse reactions are reported to the federal Centers for Disease Control and Prevention.
Most of those reactions are minor, but about 15 percent report incidents of hospitalization, disability, life-threatening illnesses, or death. Those reports do not prove the vaccine caused the problem, however.
The Central Jersey girl, the youngest of four children, was a bright, healthy 2-month-old when she visited a pediatrician in September 1993, her mother said. While there, she was given a vaccination for diphtheria, tetanus, and pertussis (DTP).
Eleven hours later, her mother noticed odd eye movements as she changed the baby's diaper. She put the baby to bed and went to sleep, she said. When she awoke the next morning, she realized her daughter hadn't cried for her 3 a.m. feeding.
She found the baby "red in the face, foamy at the mouth, and having difficulty breathing,'' the mother said. The baby didn't have a fever, however, and the pediatrician advised her to keep an eye on the situation.
The baby was very lethargic, her parents said. Later, as her father held her in his arms, she started to shake - the first of many seizures. As the seizures increased, she was hospitalized.
"It was very frightening,'' the girl's mother said.
At first, neither the family nor the doctors connected her problems with the vaccination. "It's a highly emotional state,'' the father said. "It takes time to wrestle with this. ... There are all sorts of different distractions.''
At first, they didn't know her condition would be permanent. Health-care professionals tried to give them hope.
Only through careful questioning did the parents learn the likely long-term prognosis for their daughter. They hoped that her condition would not be permanent, but they realized they had to plan as if it were.
When a pediatric neurologist told them he believed the girl's problems were linked to the vaccine, he suggested they might seek compensation from the fund. That was when they learned the urgency of filing such a claim.
The fund operates with strict time limits, and the family said it spoke publicly to help make others aware of the potential for compensation and its timetables.
A child injured by a vaccine must file a claim within three years after the first symptoms appear.
The family of a child who dies must file within two years of the death.
No lawsuits concerning vaccine injuries can be filed in a civil court, the law says, until after a claim has been filed with the vaccine compensation program and the litigant has decided to reject its award.
As a result, the number of lawsuits filed against vaccine manufacturers has plunged since the fund's inception: four suits against DTP makers in 1997, compared with 255 in 1985.
In New Jersey, four attorneys are listed by the Court of Federal Claims for filing vaccine-related claims with the program. Roth and her partner, Drew Britcher of Britcher, Leone & Roth, are two of them.
"People need to know to get to the fund,'' Roth said. "They have this child. They have huge medical bills.
They'll be capped-out on their insurance. There is a place to go. If you don't go there, you aren't going to go anywhere. You will be dismissed from state court, and have no recourse.''
The program, which operates with a special master, pays attorney fees regardless of whether the claim succeeds or fails. The fees are based on an hourly rate of $175, plus expenses - not a percentage of the settlement, as in malpractice cases. Awards for pain and suffering are capped at $250,000.
The child is the sole beneficiary of the award, not the family. If the child dies, the annuity established as part of the award reverts to the compensation fund.
Nine years after the Central New Jersey girl's DTP shot, she continues to suffer seizures and to be affected by swelling in the brain.
"In physical development, she's a 9-year-old girl,'' said her father, chuckling that she may turn out to be the tallest member of the family. Mentally, or cognitively, however, "her development was arrested at two months.''
She cannot control her own movements, and is blind. The family cares for her at home.
Among their first purchases from the settlement is a specially equipped van, with a ramp and space for her wheelchair.
The girl weighs 47 pounds; lifting her in and out of the car has become increasingly difficult.
The van hasn't arrived yet, her mother said, "but we feel better already, just having ordered it.''
Lindy Washburn's e-mail address is washburn@northjersey.com
Not for commercial use. For educational and discussion purposes only.
Transverse myelitis
Author/s: Carol A. Turkington
Definition
Transverse myelitis (TM) is an uncommon neurological syndrome caused by inflammation (a protective response which includes swelling, pain, heat, and redness) of the spinal cord, characterized by weakness, back pain, and bowel and bladder problems. It affects one to five persons per million.
Description
TM affects the entire thickness of the spinal cord, producing both sensory and movement problems. It is believed to be linked to the immune system, which may be prompted to attack the body's own spinal cord. Striking rapidly without warning, its effects can be devastating.
Causes & symptoms
Transverse myelitis has many different causes, often triggered by a variety of viral and bacterial infections (especially those associated with a rash such as measles or chickenpox). Once the infection subsides, the inflammation in the cord begins. About a third of patients experience a flu-like illness with fever about the time they develop symptoms of TM. Sometimes, there appears to be a direct invasion of, and injury to, the spinal cord by an infectious agent (such as herpes zoster or the AIDS virus).
TM can also accompany a variety of diseases that break down tissue that surrounds and insulates the nerves (demyelinating diseases), such as multiple sclerosis (MS).
Some toxic substances, such as carbon monoxide, lead, or arsenic, can cause a type of myelitis characterized by inflammation followed by hemorrhage or bleeding that destroys the entire circumference of the spinal cord. Other types of myelitis can be caused by poliovirus; herpes zoster; rabies, smallpox or polio vaccination; or parasitic and fungal infections. Many experts believe that TM can occur without any apparent cause, probably as the result of an autoimmune process. This means that a person's immune system attacks the spinal cord, causing inflammation and tissue damage.
Regardless of the cause of the myelitis, onset of symptoms is sudden and rapid. Problems with movement and sensation appear within one or two days after inflammation begins. Symptoms include soft (flaccid) paralysis of the legs, with pain in the lower legs or back, followed by loss of feeling and sphincter (muscles which close an opening, as in the anus) control. The earliest symptom may be a girdle-like sensation around the trunk.
The extent of damage occuring will depend on how much of the spinal cord is affected, but TM rarely involves the arms. Severe spinal cord damage also can lead to shock.
Diagnosis
A doctor will suspect transverse myelitis in any patient with a rapid onset of paralysis. Medical history, physical examination, brain and spinal cord scans, myelogram, spinal tap, and blood tests are used to rule out other neurological causes of symptoms, such as a tumor. If none of these tests suggest a cause for the symptoms, the patient is presumed to have transverse myelitis.
Treatment
There is no effective treatment for transverse myelitis, but any underlying infection must be treated. After this, the focus of care shifts from diagnosis and treatment to learning how to live with the effects of the syndrome. Patients are helped to cope psychologically with new limitations, and are given physical rehabilitation.
Let's go to another topic called Serotonin Syndrome. Now Bones I want you too look closely at this article and two medications listed are they or are they not common OTC cold medications?
Management and Prevention No specific therapeutic approach to the treatment of serotonin syndrome has been fully evaluated in the literature. The most common treatment involves the use of the benzodiazepines. In severe cases, the antiserotonergic agents cyproheptadine, methysergide, and propranolol have been used.3,6,11 In all cases the suspected agent should be discontinued. Over-the-counter drugs containing ingredients known to increase serotonin levels or exacerbate the patient’s condition, such as dextromethorphan, pseudoephedrine or phenylpropanolamine, also should be discontinued.
Oh I forgot to list the source. http://www.uspharmacist.com/NewLook/DisplayArticle.cfm?item_num=94 Take notice of the two authors names and credidentials. It was the same University's hospital in Knoxville where the even of Serotonin posioning went undiagnosed. They've known this condition existed for over 40 years. But some Bull Headed Doctors it seems forgot their basics.
The next point I have made is why you do not give some patients SSRI's for anxiety. Tell me doctor is SSRI's a protocol drug for Inner Ear Dysfunction or Infections? See the danger there? I sure do. These BTW are from highy respectable sources. For Inner Ear related Anxiety Info I go to Vestibular Research sources and not mental health ones as the information is more accurate.
I have never discussed this with you and i think you have me confused with someone else. You see before January of this year I was in threads giving those who were questioning SSRI's saftey a hard time and plenty in this forum know it. Am I still anti SSRI? No but the doctors are not prescribing them with needed restraint and ruling out primary physical causes before they put persons like me and my wife through hell trying their favorite SSRI flavor of the month. Funny thing is all say they are different. But all including the MAO class have potential to disrupt Serotonin levels and cause miagration from stomach to brain. I know my stuff dotor exdperiences especially bad ones are good teachers to learn by.
Oh BTW if you say Gillian Barre is not caused by vaccines I'll take you on with that one as well. Here it is from the government BTW. Sourced http://www.ninds.nih.gov/health_and_medical/disorders/gbs.htm
What is Guillain-Barre Syndrome? Guillain-Barré (ghee-yan bah-ray) syndrome is a disorder in which the body's immune system attacks part of the peripheral nervous system. The first symptoms of this disorder include varying degrees of weakness or tingling sensations in the legs. In many instances, the weakness and abnormal sensations spread to the arms and upper body. These symptoms can increase in intensity until the muscles cannot be used at all and the patient is almost totally paralyzed. In these cases, the disorder is life-threatening and is considered a medical emergency. The patient is often put on a respirator to assist with breathing. Most patients, however, recover from even the most severe cases of Guillain-Barré syndrome, although some continue to have some degree of weakness. Guillain-Barré syndrome is rare. Usually Guillain-Barré occurs a few days or weeks after the patient has had symptoms of a respiratory or gastrointestinal viral infection.
Occasionally, surgery or vaccinations will trigger the syndrome. The disorder can develop over the course of hours or days, or it may take up to 3 to 4 weeks. No one yet knows why Guillain-Barré strikes some people and not others what sets the disease in motion. What scientists do know is that the body's immune system begins to attack the body itself, causing what is known as an autoimmune disease. Guillain-Barré is called a syndrome rather than a disease because it is not clear that a specific disease-causing agent is involved Reflexes such as knee jerks are usually lost. Because the signals traveling along the nerve are slower, a nerve conduction velocity (NCV) test can give a doctor clues to aid the diagnosis. The cerebrospinal fluid that bathes the spinal cord and brain contains more protein than usual, so a physician may decide to perform a spinal tap.
Occasionally, surgery or vaccinations will trigger the syndrome
Now I guess that's why her Neurologist 17 years ago was asking about any recent vaccines huh doc? As for possible Post Polio Relapse? Well the slight limb deformities discovered before atrophy {SP} set in points to Polio likely in a mild form. From the Vaccine? Who knows she took both. The Physical Therapist measured her limbs because they couldn't understand why her arms were not long enough for her hands to reach the transfer board and lay flat. One leg is quite bigger in diameter as well. Have fun doc. Read some Journals and look up the things I said.
With all due respect, that is not a clinical diagnosis nor does it make scientific sense. I'm just sorry to see you go for these kinds of weak explanations. See ya'
If you think the physicians of this nation are "frothing", you can go to all the chiropractors you want. Just don't go to the Emergency Room for actual medical care when you're dying.
There is no reason to be rude. I'm just being frank and honest about the total lack of veracity and honesty by those who are stating anti-vaccine rhetoric. This rhetoric has been addressed and addressed and addressed and I'm sick and tired of seeing this board continue to put this libel and slander on the internet. It is blatantly irresponsible and the moderators need to wake up to the liability that these people are creating.
This issue is non sequitor. There is no longer any thimerosal in vaccines. You need to do less Googling and more discussion with your local physicians.
In the Apr, 2001 Burton hearings hearings on autism, the FDA rep {Dr. Midthun) said that thimerosol was (voluntarily) being taken out of newly manufactured vaccines, but that existing stocks of vaccines on manufacturers' and pharmacy shelves WERE NOT being recalled.
She offered no details as to how the FDA was going to monitor this voluntary effort by the drug companies.
Given the cozy relationship between the FDA and drug companies which has been discussed on this board many times, you can take all that for what it's worth.
If there are any further questions regarding this, I can post the entire exchange betwen Mr. Burton and Dr. Midthun. It's quite informative, but very lengthy.
There IS something going on with this, however. There are just too many kids not quite right since the medical community has become obsessed with the erradication of non-fatal diseases. They've clearly gone overboard, yet you hear of a push for smallpox vaccinations, which, IMHO, would be the most advantageous at this point in our history. It's hard to say.
Then our waiting was apparently the right decision.
Some doctors wouldn't know a bad reaction to a medicine or vaccine if it hit them in the face. Some doctors are observant and cautious. Some however run assembly line practices and if {the reaction} it's not seen they never will believe it. If it's not in their little manual of probabilities they proceed to overlook the part of possibilities and just don't take the needed time address the issue.
Of course these type doctors rarely do see or believe it as the patient or parent usually goes to another doctor who will listen and do some detective work.
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