Mom sues over 'vaccine death'
A lawsuit before the High Court is expected to cast the spotlight on opposing arguments about the safety of vaccines given to children.
A pre-trial conference was held at the High Court yesterday regarding the matter in which Angeline Lazarus is suing the health minister and the Namibian government for the death of her baby after a routine vaccination at the Oshakati hospital.
The stage appears to be set for a battle over the safety of vaccinations.
Lazarus, who is represented by Corinna van Wyk of the Legal Assistance Centre, is claiming damages of N$535 000 for shock and trauma, funeral expenses and past and future medical costs in relation to counselling and psychological treatment she may need.
In her particulars, she told the court she took her baby son to the hospital on 9 May 2016 for his routine vaccination at six weeks.
“Despite being underweight, weighing approximately 3.5kg at six weeks, he was healthy and without any signs of illness,” she said.
The nurse administered the necessary shots “without informing [Lazarus] of any risks attendant upon the administration of such vaccines and/or any adverse effects,” she claimed.
She said her son began to cry hysterically and would not stop, but she was advised to go home.
When they arrived home, the baby presented “with weaker cries as sings of weakness” and also had light seizures and refused to feed. At 04:00 the following morning, she discovered her baby had died.
Issues discussed yesterday before Judge Shafimana Ueitele included whether the vaccines administered were fit for the purpose intended and whether Lazarus was given any education on vaccinations and their side-effects. The issue of whether the baby had any pre-existing medical condition will also be determined.
Furthermore, in terms of the law, the matter of whether the nurse was negligent, and if so, whether her negligence caused the death of the child, will come under the spotlight.
Facts not in dispute include that the baby was healthy according to his health passport and that the health minister and the government “have a duty to ensure that these vaccines stored by them and administered in the hospital are fit for the purposes intended”.
Experts for both sides have filed affidavits. Expert for Lazarus, Dr Steffen Bau, a paediatrician, told the court there was a link between Sudden Infant Death Syndrome (SIDS) and vaccinations.
“Most vaccine-related deaths fall into the category of SIDS,” Bau told the court.
“Most of the demised infants in this cohort were diagnosed with SIDS and the relationship to the vaccination as causal is difficult to prove.
“Due to the close proximity of the vaccination, this death has to be assessed as a vaccine-related death. The pathological findings speak for death by suffocation or, in the case of an infant of this age group, to be more likely SIDS.”
The baby died of suffocation, according to the post-mortem.
However, according to the defence's expert, Dr Clarissa Pieper, also a paediatrician but a subspecialist in neonatology, there is no link between SIDS and vaccinations.
This is an international debate that has been raging for some time.
Both doctors agree that the baby, although presenting as healthy, was underweight and had required mask resuscitation after birth, to which he responded well. According to Dr Pieper, the baby was diagnosed with a common cold at three weeks.
“This is a worrying diagnosis in an 18-day-old breastfed baby. No antibiotics [were given] or investigations were done. The baby was sent home with Panado,” Pieper said.
Lazarus was on anti-retroviral medication to prevent the transmission of HIV to her baby. The child was HIV negative, according to the tests done post-mortem.
According to Pieper, the baby was immunocompromised due to exposure to HIV and had his first infection at 18 days. Furthermore, the autopsy showed that the baby had an enlarged liver, kidneys and spleen. She concluded, however, that in the absence of any other tests done by the pathologist, the baby had suffocated.
She rejected all evidence that the child had died as a result of the immunisation and cited extensively in her affidavit.
In her conclusion, Pieper writes: “It is my opinion that this baby died of severe neglect by the parents and not because of the immunisation.”
The parties are set to file supplementary discovery affidavits by 30 November this year. Immanuel Dausab, a government attorney, appeared for the health minister and the government.
YANNA SMITH
The stage appears to be set for a battle over the safety of vaccinations.
Lazarus, who is represented by Corinna van Wyk of the Legal Assistance Centre, is claiming damages of N$535 000 for shock and trauma, funeral expenses and past and future medical costs in relation to counselling and psychological treatment she may need.
In her particulars, she told the court she took her baby son to the hospital on 9 May 2016 for his routine vaccination at six weeks.
“Despite being underweight, weighing approximately 3.5kg at six weeks, he was healthy and without any signs of illness,” she said.
The nurse administered the necessary shots “without informing [Lazarus] of any risks attendant upon the administration of such vaccines and/or any adverse effects,” she claimed.
She said her son began to cry hysterically and would not stop, but she was advised to go home.
When they arrived home, the baby presented “with weaker cries as sings of weakness” and also had light seizures and refused to feed. At 04:00 the following morning, she discovered her baby had died.
Issues discussed yesterday before Judge Shafimana Ueitele included whether the vaccines administered were fit for the purpose intended and whether Lazarus was given any education on vaccinations and their side-effects. The issue of whether the baby had any pre-existing medical condition will also be determined.
Furthermore, in terms of the law, the matter of whether the nurse was negligent, and if so, whether her negligence caused the death of the child, will come under the spotlight.
Facts not in dispute include that the baby was healthy according to his health passport and that the health minister and the government “have a duty to ensure that these vaccines stored by them and administered in the hospital are fit for the purposes intended”.
Experts for both sides have filed affidavits. Expert for Lazarus, Dr Steffen Bau, a paediatrician, told the court there was a link between Sudden Infant Death Syndrome (SIDS) and vaccinations.
“Most vaccine-related deaths fall into the category of SIDS,” Bau told the court.
“Most of the demised infants in this cohort were diagnosed with SIDS and the relationship to the vaccination as causal is difficult to prove.
“Due to the close proximity of the vaccination, this death has to be assessed as a vaccine-related death. The pathological findings speak for death by suffocation or, in the case of an infant of this age group, to be more likely SIDS.”
The baby died of suffocation, according to the post-mortem.
However, according to the defence's expert, Dr Clarissa Pieper, also a paediatrician but a subspecialist in neonatology, there is no link between SIDS and vaccinations.
This is an international debate that has been raging for some time.
Both doctors agree that the baby, although presenting as healthy, was underweight and had required mask resuscitation after birth, to which he responded well. According to Dr Pieper, the baby was diagnosed with a common cold at three weeks.
“This is a worrying diagnosis in an 18-day-old breastfed baby. No antibiotics [were given] or investigations were done. The baby was sent home with Panado,” Pieper said.
Lazarus was on anti-retroviral medication to prevent the transmission of HIV to her baby. The child was HIV negative, according to the tests done post-mortem.
According to Pieper, the baby was immunocompromised due to exposure to HIV and had his first infection at 18 days. Furthermore, the autopsy showed that the baby had an enlarged liver, kidneys and spleen. She concluded, however, that in the absence of any other tests done by the pathologist, the baby had suffocated.
She rejected all evidence that the child had died as a result of the immunisation and cited extensively in her affidavit.
In her conclusion, Pieper writes: “It is my opinion that this baby died of severe neglect by the parents and not because of the immunisation.”
The parties are set to file supplementary discovery affidavits by 30 November this year. Immanuel Dausab, a government attorney, appeared for the health minister and the government.
YANNA SMITH
Comments
Namibian Sun
No comments have been left on this article