Dear Chris, 2.8.2001

 

I research vaccine damage claims at Carters Law Firm in Sydney and we settled a case out of court very similar to the one you mention.  In our case the child had been injured by an oyster shell and the parents wanted Tetanus vaccine only.  The doctor gave DTP as well as a dose of polio that the parents thought was a dose of antibiotic.  In this case the doctor was negligent in that he should have given Tetanus Immunoglobulin and we pursued this angle of the case.

The parents took action themselves in the Local Court and then Carters took over.

The solicitors acting for the doctor offered to settle the matter out of court and the parents finally consented to settle even though the settlement figure was small.

This money will be invested by the Public Trustee on behalf of the child and he can claim these monies when he turns 18. This was a sensible move as it would have been the parent’s word against the doctor and who do you think the court would have believed?  Plus the child appeared not to have suffered any ill-effects from the administration of the vaccine.

The problem with these cases is that if the parents lose they could be responsible for payment of the costs and disbursements of the medical practitioner.

It is a good lesson for everyone to learn that before any vaccine is given parents need to inspect the vial and make sure it is the vaccine of their choice.  As well medical practitioners should record vaccine given, batch nos. name of manufacturer, expiry date, on practice record cards and blue books.

I will talk to the parents on a confidential basis if they want to give me a call at Carters (02) 9649 - 0233 - Monday - Wednesday or at home Thursday - Sunday, (0243) 425 294.

Sincerely, Maureen

 

Dear Meryl,

 

I have a good friend who has made an informed decision not to vaccinate.

That was until recently they moved house and now have access to a backyard.  With this in mind, they felt it best to have their 10.5 month old son be vaccinated for Tetanus. While they were at it, they felt it best to have Polio drops administered as well.

My friend, Katherine (the mother) made it repeatedly clear to the GP that she only wanted Tetanus and Polio given and not the other components (ie Whooping Cough and Diptheria) of the DTPa vaccine given. Even at the point of the needle going in, Katherine asked again just for re-assurance that all her son is receiving was the Tetanus shot and that is it. The GP replied, yes, only Tetanus is in this needle.  On returning home, to her horror, Katherine glanced at the Babys Blue Book in the medical section where Vaccinations are recorded only to find that the DTPa vaccination was, in fact, circled.

Katherine rang and checked with the doctors surgery to confirm this, and the receptionist confirmed this was true.

Her husband , Jonathon, today, spoke to the doctor (after having been avoided by her for a few days). The GP confirmed that the DTPa was given, and denied that the mother only stated to have just the Tetanus and Polio to be given. She also had a go at the father saying well if you are so concerned about this, why werent you here? Jonathon replied he was, in fact present at the time, and replied to the GP that he was the one holding their son at the time the shot was given. The GP was rude and stated that she didnt want her day to be spoilt because she had important patients to attend to, to which Jonathon replied, well I think my son is an important patient. The GP pointed out that their son, hasnt suffered any illness from the DTPa vaccine and why are they so worried. Jonathon said that that was wasnt the point. He said that he felt their rights as parents not to administer the DTPa were taken away and blatantly ignored. She asked Jonathon not to call the surgery again.

What advice can you give to my friend about how to deal with this situation?  What departments or authorities can they contact to have situation dealt with fairly? What can they do about the doctor who has blatantly ignored their request? And what can Katherine do about her son, to counter the effect of the Diptheria and Whooping Cough component of the Vaccination? Any advice would be appreciated.

Chris Barron

ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE.  THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.