Girl gets $4.7M for vaccine injuries

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.

"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.

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.

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.

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.

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.''

A total of 7 MD's 2 of them ER Doctors in two different hospitals one a level 1 of which one runs an emergency pysch ward and the all miss Serotonin Syndrome? Well yes Bones I think that does bring into question the state of health care system. It's bad when they not only miss it once but re-induce it a second time and miss it again. Yes I know fine doctors. I know some fine dentist. I know some doctors who need to be in other field and I know of a dentist who killed a teenager in his office with a IV cocktail of pain killers. BTW a few years before the same MORON had put my wife into a drug induced Coma with a temp of below 90F.

You know if I was a vindictive sort we would rightfully be millionares right now. In all these cases concerning my wife I told the doctors to learn from their mistakes right after I fired them. Had we sued the dentist who gave my wife Mepergan for a simple tooth extraction and made her Coamtose perhaps he would have used some better judgement and not latter killed the teenager. He used it on my wife in his office and she has a cardiac history.

I've seen a lot of things I wish I hadn't. I saw a burned out Internal Medicine Doctor our doctor of about 14 years just walk in out of the blue and tell her she may as well give up hope for her UTI's. This same MD BTW went 14 years without doing a cardiology work up on her and treated her for 14 years with heart medications we found out this winter she never needed to start with. Oh it's true a quad can't take a standard Thalium Treadmill test But they can take the Enderson {SP} drug induced one which showed very mild arthymia which was also the time she was on the SSRI's which likely caused that. The Cardiologist said I see no reason for medication treatment. There was a slight problem stress related or triggered but she was fine.

When the bad ones start out numbering the good ones it's time to start looking at the problem. When a person with a high school education can make an accurate diagnoses that 7 doctors could not something is wrong. Serotonin Syndrome is a common reaction that doctors are dismissing as bad side effects of medications then when symptoms become accute mis diagnose it as psychosis.

I have one realitive who spent two years visiting specialist due to anxiety, depression, passing out, dizziness, and fatiuge. I told him have the doctor check your Inner Ear. Each one had a cute diagnoses including Arthritis of the spine. One old country doctor who practiced on a limited basis bothered to ask him ablout his medical history. Like ever had tubes in your ears? Were you in Nam? He had seen it he correctly diagnosed it as Inner Ear Dysfunction and treated it.

If I had not taken the time to research hers and my medical problems and got an understanding of what was what more mistakes would have happened. I've been a caregiver 17 years Doctor. Some of my info I got from trusted RN's I used to work with, some I learned before she could come home, some I learned on line, and some was showed me through devine intervention like the Serotonin Syndrome. Let's see doctor how many persons do you know have been caregivers for this long and not have the person get bed sores? Oh she had some pressure sores. A good surgeon and a Physical Therapist finally pinned it down to an ill designed wheel chair. That was her one and only. No home health visits either. When I call her doctor she listens and takes me serious she knows I'm not playing games.

But what get's me is your insistance about vaccines. 17 years ago her Neurologist was looking at two specific causes. Vaccine like a flu vaccine or previous contacing or having Polio. He kept asking about both. The MRI showed a small narrrowing at C-5 C-6 which he said was not sufficent or consistant for the extent of her outcome. He said I can't see how it could do it. It was after that the measurement of limbs showed up otherwise. He was on the right trail.

You know what really burnt me no end the night I took her to the ER with the Serotonin? The idiot attending her left her in her wheel chair & placed her in an issolation room unattended. He was not going to treat her. He wanted her ordered to a state mental hospital instead. I said this onset was fast and very out of character she had just seen a shrink two hours before. I said she has a coranary history is stroke possible? He asked stroke? I said yes is that a possibility I want it checked out. He said no it is not a possibility. I said what about blood work? What about a workup? He stupidly asked work up with a smirk. I said yes for physical causes she has had medication reactions before. He said she has no physical problems. This even though her BP was way up there. I proceeded to call him a not so kind name and asked where is my wife I'm taking her out right now. They had to search rooms.

Now get this. I had disabled her wheel chair for her own saftey. It is a power chair. I disengaged the motor from the gearbox it could be pushed but not powered. She could not have moved it no way it is an impossibility. I found her in an exam room slumped over in her chair in a Coma. No response in pupils. I know what I'm looking for there to. I've been trained. I yelled at the doctor she's unconscious he did not respond. I said she's out doc. he did not respond. I took her elsewhere. The whole thing was pathetic from the word go. They thought she was the nights crazy patient and were negligant to give her even basic care beyond a temp and BP.

She stayed unconscious for the trip to the next hospital ER. At first they were GUNG HO on helping her till I made the mistake of being honest and saying I brought her from another hospital ER. I showed them the medications as well. They got her back around but their attitude changed once they talked to the quack at the first hospital. I said I want some test ran. I want her checked for a stroke. It took them 5 days but guess what? MRI reported that she had indeed had at least two strokes. Time frames they thought were old but not sure. I do have my doubts and I think from what I know and understand now rightfully so. I think she may have had at least one under their's or the other ER's misguided care. I stayed there a week and watched every medication given which in the end was simple Benzo protocol.

You can say I'm full of crap that's fine. I've been through enough to know that once some doctors get an idea in their heads hell or high water of proof otherwise will not convince them they were wrong. But I now have no problem whatsoever standing my ground with a doctor when I have a gut feeling about something being wrong. It has served me well for 17 years. An Allergic reaction is possible with any type medication given. When a reaction occurs most doctors used to be smart enough to DC it.

I'm not down on the entire medical profession. I'm down on those doctors who stick their head in the sand and say there is not such problems when there is and evidence exist pointing to such as possibility or probability.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.