Personal injury attorneys at Pintas & Mullins Law Firm are highlighting two landmark court decisions relating to childhood vaccinations. The first involves a 10-year-old boy who developed autism after doctors injected him with a routine MMR vaccine.
Saeid and Parivash Mojabi of San Jose, California had their infant son vaccinated with the measles-mumps-rubella (MMR), among other vaccinations, between 2003 and 2005. Shortly after the MMR vaccinations, their son developed Autism Spectrum Disorder, asthma, and an encephalopathy, which refers to a syndrome of brain dysfunction. The case is ‘unpublished,’ meaning there is little information available to the public. The parents are claiming that his disorders are the cumulative result of all vaccinations he received between 2003 and 2005, although they did name MMR specifically in court documents.
Within minutes after the boy received his first MMR vaccination in December 2003, his mother knew something was not right. She testified that her son was shaking and had uncontrollable tremors after receiving the vaccination. The nurse told her these symptoms were normal, and advised her to go on with her daily routine. In the ensuing days the boy began crying in an irregular manner, did not sleep, had difficulty breathing, and had no energy. He stopped saying the few words he knew, which he had repeated hundreds of times before. A month later the boy was rushed to the hospital due to vomiting, high fever and a measles-like rash from head to toe. He was diagnosed with febrile convulsion, which, physicians affirmed, was most likely due to MMR.
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The claim was filed in 2006, and transferred to the Autism Omnibus Proceedings in 2009. Over a year and a half later, the U.S. Department of Health and Human Services conceded that the MMR vaccination caused the boy’s encephalopathy. There is no documentation stating the government recognized that the encephalopathy directly led to his autism. The Mojabi’s were awarded a lump sum of more than $980,0000, and another lump sum, several million dollars more, will be invested in annuities on his behalf to cover annual costs for the rest of his life.
Some argue that the vaccine-induced encephalopathy is unrelated to the autism spectrum disorder, however, there is much evidence pointing in the other direction. A similar case involving a young girl reports an eerily similar timeline. The girl’s mother, Jillian Moller, filed her claim in 2003, alleging that her daughter was severely injured by the vaccines she received at 15 months old.
Almost immediately, the girl developed high fevers, seizure episodes, and a similar measles-type rash. She started staring blankly, having shaking episodes, and was diagnosed with encephalopathy characterized by speech and developmental delay. She was also ultimately diagnosed with Autism Spectrum Disorder.
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More than seven years after filing her claim, the government agreed to settle, and made an offer upwards of $1.1 million. Another $9 million will be granted for annual expenses throughout her life. The Department of Health and Human Services did not officially admit that the vaccines caused her encephalopathy or autism.
The National Vaccine Injury Compensation Program allows parents to petition the U.S. government for compensation for injuries or deaths believed to be caused by childhood vaccines, such as the MMR. To date, more than 5,000 families have filed claims citing MMR as the cause of their children’s autism and more than 8,000 parents have filed claims not related to autism proceedings.
These are not the first cases of federal agencies conceding to pay compensation to those injured by vaccines. Statistical information on these claims can be found here. Child injury lawyers at Pintas & Mullins Law Firm are keeping a close watch on Vaccine Injury Compensation Program verdicts. If your child was severely injured from vaccinations, you have important legal rights, and should seek guidance from an experienced injury attorney.