Court of Federal Claims concedes DTaP caused seizures and resulting brain damage in this case - Mothering Forums

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Old 02-25-2011, 10:24 AM - Thread Starter
 
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http://www.uscfc.uscourts.gov/sites/default/files/Golkiewicz.Mersburgh.pdf

 

Sometimes justice prevails.......although the amount rewarded remains to be seen

 

 


If the people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny." Thomas Jefferson.

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Old 02-25-2011, 10:41 AM
 
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This is good news, although the poor boy suffered the reaction 10 Years ago. Swift justice, haha.

 

Every time I read about vaccine reactions, it makes me want to cry.  Wasn't there a discussion on the boards a few weeks ago, about febrile seizures not being very dangerous? Maybe they are not always dangerous, but the vaccine induced febrile seizures Were dangerous for this poor boy.  It's Russian Roulette, and you never know if your child will suffer or not. Just give them the shot and find out!

 

Quote from the article:

"In the recently issued Simon decision, the undersigned noted that the following fact
pattern is seen frequently in vaccine cases: “An otherwise healthy petitioner receives a
vaccination, the vaccine causes a fever, which in turn causes or triggers a complex febrile
seizure.”


 
 
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Old 02-25-2011, 01:10 PM
 
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Quote:
Originally Posted by BeckyBird View Post

This is good news, although the poor boy suffered the reaction 10 Years ago. Swift justice, haha.

 

Every time I read about vaccine reactions, it makes me want to cry.  Wasn't there a discussion on the boards a few weeks ago, about febrile seizures not being very dangerous? Maybe they are not always dangerous, but the vaccine induced febrile seizures Were dangerous for this poor boy.  It's Russian Roulette, and you never know if your child will suffer or not. Just give them the shot and find out!

 

Quote from the article:

"In the recently issued Simon decision, the undersigned noted that the following fact
pattern is seen frequently in vaccine cases
: “An otherwise healthy petitioner receives a
vaccination, the vaccine causes a fever, which in turn causes or triggers a complex febrile
seizure.”


I do not have time to read it right now..who is the undersigned? Who said this? Thanks.
 


"Whenever you find yourself on the side of the majority, it is time to pause and reflect." ~Mark Twain

 


 
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Old 02-25-2011, 03:50 PM
 
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The undersigned is the judge.  The ruling itself is from 2007. 

 

The most interesting thing about this case to me is that the judge wrote that his decision was largely the basis of the lowered burden of proof that is one of the benefits of the Vaccine Act.  Had this case been decided under ordinary standards of proof in an ordinary court proceeding, the outcome might have been very different.  

 

Also, I want to point out that a judge's ruling should in no way be taken as evidence of actual medical facts.  Though in this case a child had a complex febrile seizure and ended up with a serious seizure disorder, that in no way proves that the first seizure caused the subsequent seizures.  To my knowledge there is absolutely no evidence of that, and we should all remember that correlation does not equal causation.

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Old 02-25-2011, 05:23 PM
 
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The undersigned is the judge.  The ruling itself is from 2007. 

 

The most interesting thing about this case to me is that the judge wrote that his decision was largely the basis of the lowered burden of proof that is one of the benefits of the Vaccine Act.  Had this case been decided under ordinary standards of proof in an ordinary court proceeding, the outcome might have been very different.  

 

Also, I want to point out that a judge's ruling should in no way be taken as evidence of actual medical facts.  Though in this case a child had a complex febrile seizure and ended up with a serious seizure disorder, that in no way proves that the first seizure caused the subsequent seizures.  To my knowledge there is absolutely no evidence of that, and we should all remember that correlation does not equal causation.

 

ETA:  Um, and by "judge" what I mean is "special master."  

 

I mean is "special

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