US Vaccine Court Rules Routine DTaP (Diptheria Tetanus Pertussis Shot) Legal Cause of Epilepsy & Death
We ran this post right before Christmas, when this award was announced by the vaccine court. Medical professionals are wondering why the Pertussis vaccine is not working - and are recommending additional boosters for Americans. There are two sides to every story, however, and this side is rarely showcased in the mainstream media.
We send our thoughts and prayers to Harry and Gina Tembenis, whose son Elias died as a result of a reaction to his DTaP (P = Pertussis/Whooping Cough) vaccination. If you don't know Harry and Gina, I can personally tell you they are life and love and hope personified. This award does not bring back their precious son. But it reminds our nation that vaccines can cause severe life threatening injury. Read more about the Tembenis family and their foundation HERE.
Read the full claim HERE.
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 29, 2010
HARRY TEMBENIS and GINA TEMBENIS, ) administrators of the estate of ) ELIAS TEMBENIS, ) Entitlement; Death; ) DTaP; Seizure disorder; epilepsy; Petitioners, ) Cause-in-fact; ) Complex febrile seizure; v. ) No alternative cause ) SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA for Petitioners. Ryan D. Pyles, United States Department of Justice, Washington, D.C. for Respondent.
Petitioners have satisfied the legal requirements for proving that Elias’s December 26, 2000 DTaP vaccination was a legal cause of his epilepsy and death. Respondent has not overcome Petitioners’ evidence by proving an alternative cause. Therefore, I find that Petitioners have established entitlement to compensation under the Vaccine Act.
IT IS SO ORDERED. s/ Dee Lord
Chief Special Master
Silly me! I missed that! Thanks!
Posted by: Sandy Gottstein | January 14, 2011 at 04:30 PM
DTaP = acellular. On the court doc. KS
Posted by: StagMom | January 12, 2011 at 04:37 PM
Does anyone know if the vaccine was whole cell or acellular? Also, I cannot seem to get the page with the ruling opened properly - am I alone in that?
Posted by: Sandy Gottstein | January 12, 2011 at 04:32 PM
This beautiful child's death is a tragedy. On the other hand drug companies, by their very definition, are soulless corporations with one purpose—profit. Until Congress wakes up and repeals civil liability exemptions, there is no motive for a corporation to respond or change.
Posted by: Jim Thompson | January 06, 2011 at 04:18 PM
Is it me, or do the Vax Headroom folks dust off this chestnut (Deer,Wakefield,MMR) every time there is a major ruling in vaccine court (Poling, Tembenis)? All great magicians know you need to create a diversion to keep everyone's eye off of the ball, the only problem is this diversion (Deer,Wakefield,MMR) is sooooooooooooo 1998...
Posted by: DownWitDaSickness | January 06, 2011 at 01:33 PM