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Hospital administered a vaccine we refused - Page 3

post #41 of 114
I'm not sue happy and I would sue. You don't have to get a million dollars out of it or anything, but there should be something done.
post #42 of 114
Quote:
Originally Posted by hollytheteacher View Post
true dat.

nak Same thing happened to my ds at a well baby visit...we wanted Daptacel (alum. free dtap vax) but they gave him reg. dtap.

i'm super irritated,got an apology, but i'm now stopping all future vax!
nothing to do with this thread, but Daptacel is not aluminum free, just FYI. It has Aluminum Phosphate, 0.33 mg. http://www.vaccinesafety.edu/components-DTaP.htm

There really is no "regular" DTaP. Tripedia has less aluminum of the three.
post #43 of 114
Call a lawyer. I would have called the police too. Do not let it drop please.

HUGS to you mama. Good luck.
post #44 of 114
To OP, I can't even imagine. I made sure DH never left my DD's side but you were in a position where you had to leave your daughter at times. Compound with what I imagine feeling out of control having a baby in NICU to have something lie this happen... it would feel awful.
post #45 of 114
This article says you can claim the "assult with a deadly weapon." I would do some more research into it.

http://www.mercola.com/article/vacci...void_shots.htm

I would be so angry I would not just let this go without a major major fight. PLEASE DO NOT BACK DOWN. Mistake or not (not) this is not ok. We entrust our lives and those of our children to these people. Yes, believe me, I know everyone makes mistakes. However, this is not like getting a diet coke when you ordered a coke at a restaurant. I feel that most people who work in the medical field have strong feelings about vaccinations. I don't think that the nurse on duty would be so impartial to the fact that you weren't vaccinating that she just "forgot." I'm sure that there was an opinion of your decision, and therefore, I don't see how she "forgot." I'm so sorry your going through this. I would be so devastated. Keep your head up mama.
post #46 of 114
Quote:
Originally Posted by homewithtwinsmama View Post
Someday I should type out my "MRSA is no big deal" story with our NICU.
Please do! If you don't want to post, you could PM me!

My friend had her baby vaxed in the NICU against her consent. She also had verbally said no vax, and signed the form for no vax. Still, the baby was vaxed and then had a reaction (brachycardia or something?) and had to stay longer in the NICU even though she was close to being released.
post #47 of 114
Please call a lawyer. Suing isn't about the money - it is about taking responsibility. Our society happens to do that with money but it is really about causing change to take place. There is NO excuse for this to happen particularly in a NICU!

Getting a lawyer is about protecting the next baby that comes in.
post #48 of 114
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post #49 of 114
My husband who works at a hospital advises that in this circumstance, you contact your lawyer, and have the risk management team deal with you through him/her.
post #50 of 114
Quote:
Originally Posted by moonglowmama View Post
My husband who works at a hospital advises that in this circumstance, you contact your lawyer, and have the risk management team deal with you through him/her.
I always find it amusing when people say "contact your lawyer" like everyone has a lawyer on retainer and can even afford one in the first place.
post #51 of 114
Thread Starter 
Quote:
Originally Posted by aniT View Post
I always find it amusing when people say "contact your lawyer" like everyone has a lawyer on retainer and can even afford one in the first place.
Yeah, no lawyer on retainer and no money here. DH is out of work and we were not prepared for me to go into labor 2 months early.

DS came home from the NICU today, so no more worrying about what they're doing to my poor baby. I found out later on that not only did they give him the vax, they gave him sugar water to keep him from crying. Sugar water! To a premature, exclusively breastmilk-fed baby! I was and am still LIVID. I'm not going to let it go away just because we are no longer there. It is written ALL OVER his medical records that we refused the vaccine and it was given to him anyway. But when we asked for a copy of the incident report that they allegedly filed, they said it's all done electronically and there's no way to get a copy. Umm, what? Sounds fishy to me.
post #52 of 114
Quote:
Originally Posted by SaraLe6 View Post
Yeah, no lawyer on retainer and no money here. DH is out of work and we were not prepared for me to go into labor 2 months early.

DS came home from the NICU today, so no more worrying about what they're doing to my poor baby. I found out later on that not only did they give him the vax, they gave him sugar water to keep him from crying. Sugar water! To a premature, exclusively breastmilk-fed baby! I was and am still LIVID. I'm not going to let it go away just because we are no longer there. It is written ALL OVER his medical records that we refused the vaccine and it was given to him anyway. But when we asked for a copy of the incident report that they allegedly filed, they said it's all done electronically and there's no way to get a copy. Umm, what? Sounds fishy to me.
I know there are attorneys out there that do not charge unless the case is won in court. We had a birth injury laywer look into our daughter's birth records because of a "condition" she was born with that we suspected was due to traumatic labor that ended in emergency c-section. They did all the research for free and unfortunately because of the rarity of her "condition" , decided we did not have a case without enough medical professionals to take the stand against the OB in question. We were never charged a dime for any of it. I would suggest calling around to malpractice attorneys and see what they offer, you have ABSOLUTELY NOTHING to lose by doing that. Again, as other posters have said, it is not about sueing for the $, it is about protecting the other babies who end up in that NICU.

Glad to hear you have DS home now under your complete protection! I am 30 wks and measuring 32 weeks with a boy as well and I can't even begin to imagine what you are going through! Hugs to you....
post #53 of 114
Quote:
This is exactly why I would never leave my baby alone in a hospital, not for one single second. They roomed in with me, and I followed them everywhere -- even to the audiology testing. If I had a baby in the NICU, I would be in trouble, because I would refuse to leave her side. Even for three months.
At the hospital where my DD was in the NICU, yes, you would have been in trouble. You would have been removed physically by security. For one thing, you were lucky to get a chair to sit in- and not a comfy chair that you could sleep in, often just a stool. For another, you have to leave during shift change. HAVE TO. Explain to me how, post partum, you would sit in a stool bedside 24/7, never going to the bathroom, taking a shower, sleeping, or eating anything? Not everyone has a family member willing or able to take your place, many people have other children they cannot abandon (children are almost never allowed in NICUs), and you do not have as many rights as you may think if doctors decide your child must be in intensive care. There IS a possibility of them getting a court order to force you out of the NICU if you are disrupting their ability to care for your or other children (which would be the case if a parent insisted on staying in the crammed full NICU that my DD was in).

I have stayed 24/7 for five days in a hospital with nothing but a glorified recliner to sleep in twice after my DD had surgeries, in the PICU and in normal rooms. However, it was NOT possible in the NICU that we were in. Some hospitals do have a place for the parents, some do not, please don't assume that if a parent left their child it's because they aren't as vigilant as you would be.

FWIW I don't think there should be a refusal form at all. Either consent or nothing. In our NICU the nurse asked "Do you want us to give her the Hep B or are you going to have the pediatrician do it later (meaning after she's discharged)?" So I just said "Oh yes, I'd rather have the pediatrician do it" which of course, I didn't. Just another tactic for a parent who might face this in the future.
post #54 of 114
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post #55 of 114
Thread Starter 
Quote:
Originally Posted by ~Ryleigh's Mommy~ View Post
One thing that may give you comfort- at least you know your baby was not "snuck" any formula. Formula sneaking is rampant in the normal newborn nursery (the one I work in at least) but it NEVER happens in the NICU. Because it is considered a medical risk, a NICU baby is required to have a prescription from the doc before any formula is given, so at least you never have to wonder whether your baby was exposed to formula in those first days of life (I do...my baby was kept from me in the nursery for 4 hours after birth and I'll never know whether she was given formula, and part of me doesn't WANT to know )

HUGS momma. I'm glad your little one is safe and sound at home with you.
Yes, I do at least know this.. even if I hadn't had enough milk for them to feed him or even if I had refused to pump at all, they still wouldn't have fed him formula. This particular NICU does not EVER give formula to premature babies that were born before 36 weeks, the ped said this is because emerging research shows there is a risk of the digestive tract shutting down and dying when a premature baby is given formula. So if a mother doesn't have enough milk or isn't providing milk, they only give donor milk.
post #56 of 114
Quote:
Originally Posted by bri276 View Post
At the hospital where my DD was in the NICU, yes, you would have been in trouble. You would have been removed physically by security. For one thing, you were lucky to get a chair to sit in- and not a comfy chair that you could sleep in, often just a stool. For another, you have to leave during shift change. HAVE TO. Explain to me how, post partum, you would sit in a stool bedside 24/7, never going to the bathroom, taking a shower, sleeping, or eating anything? Not everyone has a family member willing or able to take your place, many people have other children they cannot abandon (children are almost never allowed in NICUs), and you do not have as many rights as you may think if doctors decide your child must be in intensive care. There IS a possibility of them getting a court order to force you out of the NICU if you are disrupting their ability to care for your or other children (which would be the case if a parent insisted on staying in the crammed full NICU that my DD was in).

I have stayed 24/7 for five days in a hospital with nothing but a glorified recliner to sleep in twice after my DD had surgeries, in the PICU and in normal rooms. However, it was NOT possible in the NICU that we were in. Some hospitals do have a place for the parents, some do not, please don't assume that if a parent left their child it's because they aren't as vigilant as you would be.
Oh, that was absolutely not my intention to imply that at ALL! That's why I said, I'd be in trouble!!! Yes, I know, BIG trouble. I am SO grateful I have not had the very unfortunate experience of having a child in the NICU, or the opportunity to experience the trouble I would get myself in for refusing to leave my child's side. Sorry my post was misinterpreted as condescending, I certainly didn't intend for it to read that way, because I feel so badly for the OP
post #57 of 114
Quote:
Originally Posted by anewmama View Post
nothing to do with this thread, but Daptacel is not aluminum free, just FYI. It has Aluminum Phosphate, 0.33 mg. http://www.vaccinesafety.edu/components-DTaP.htm

There really is no "regular" DTaP. Tripedia has less aluminum of the three.
What I meant by "regular" dtap is the one that they most commonly use at my ds's doctor. Also, Daptacel has less aluminum than Tripedia currently. I can get a source for this if you would like, but brb! ds is up!
post #58 of 114
Quote:
Originally Posted by knowerofnada View Post
Oh, that was absolutely not my intention to imply that at ALL! That's why I said, I'd be in trouble!!! Yes, I know, BIG trouble. I am SO grateful I have not had the very unfortunate experience of having a child in the NICU, or the opportunity to experience the trouble I would get myself in for refusing to leave my child's side. Sorry my post was misinterpreted as condescending, I certainly didn't intend for it to read that way, because I feel so badly for the OP
It's hard to interpret tone online. I've been judged before because the NICU gave my DD formula, etc., and I'm sorry if I was overly defensive. Unfortunately, when your child is in their hands, things happen that you cannot control. I hope it's something you never, ever have to experience- I wouldn't wish it on my worst enemy!
post #59 of 114
Quote:
Originally Posted by bri276 View Post
FWIW I don't think there should be a refusal form at all. Either consent or nothing.
I agree. This is the way it was at my hospital. You either signed a consent form or you signed nothing. I think that would make it more clear for the staff. There is nothing to misread.
post #60 of 114
Quote:
Originally Posted by SaraLe6 View Post
Yeah, no lawyer on retainer and no money here. DH is out of work and we were not prepared for me to go into labor 2 months early.
Malpractice attorneys work on contingency. There is no retainer. They get paid after they win the case or get a settlement.

I'd suggest you get one quickly, and pray that your records haven't been swiffered. (Said as someone whose child's records were sifted through and edited before they were released to me. They didn't remember that I had copies from her initial discharge.)
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