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The Superior Court approved a settlement in the case of a 15-year-old boy who developed an incurable sleep disorder and a debilitating autoimmune disease after receiving the swine flu vaccine ten years ago.
The groundbreaking settlement also paves the way for 80 other people, mostly teens and young adults, who have pending cases to reach similar settlements.
In significant development, the settlement means that any financial compensation received as part of these settlements will not be considered when evaluating a person’s means of eligibility for state supports, such as medical cards, exam fees, and student housing costs. .
It also provides for future childcare expenses for those with narcolepsy. There is also a € 25,000 “bonus” registration fee for those who agree to the agreement even though they are not required to do so.
The financial terms of the settlement have not yet been finalized, but will be submitted to the Superior Court for approval later.
In his claim for damages against vaccine manufacturer and HSE GlaxoSmithKline, Ben Blackwell of Ratoath, Co Meath claimed that people were not fully informed about the risks associated with the vaccine, particularly its effect on children.
The court heard that the incurable, life-altering condition had affected his career prospects and his social, personal and sports life.
Ben received the Pandemrix vaccine at school in February 2010 as part of a mass vaccination program during the 2009/10 swine flu pandemic.
Some time later he was diagnosed with narcolepsy sleep disorder and cataplexy, an autoimmune disease that can cause a sudden collapse of muscle groups.
The Superior Court heard that the adjuvant or booster used in the vaccine can cause a rare side effect in young people that affects the part of the brain that controls sleep, wakefulness and appetite.
He suffers from extreme exhaustion and needs to sleep during the day and is awake at night. He suffers from sleep paralysis and hallucinations.
He cannot play sports or go camping.
The court heard that when he was five years old he suffered “screeching” in his head and when they took him to a specialist he was immediately diagnosed.
The court heard that the extremely rare condition in children was rarely seen by specialists until after the swine flu vaccination program.
His case in Superior Court centered on allegations of misrepresentations about the alleged lack of safety or previous clinical trials of the vaccine.
It was claimed that his parents would not have consented to the vaccine if they had been fully informed.
Lead attorney Dermot Gleeson told the Superior Court that the state and the vaccine manufacturers “did not meet their obligations to tell the truth” and that the vaccine had not been adequately tested in children.
He said adverse reactions were seven to eight times more common in Europe than in Canada because a different adjuvant or booster product had been used here.
He also said that under the terms of the advance purchase of the vaccine, GSK received compensation from the HSE and other health authorities in Europe and was also allowed to dictate how the HSE should defend any potential cases, including the inability to admit liability. .
Mr. Gleeson said that some years after the vaccination program it was concluded that there was a 13 times greater risk of narcolepsy in those vaccinated.
He said that some 1,200 children across Europe contracted narcolepsy, all of them have been compensated, except for Irish children.
The claims were denied by the HSE and the vaccine manufacturers GSK, who had obtained compensation from the state before supplying the vaccine. The agreement was made without admission of responsibility.
It is the second High Court case regarding the Pandemrix vaccine to be resolved.
Aoife Bennett of Naas, Co Kildare settled her case in November 2019 after a five-week hearing.
The terms of that agreement were not disclosed and there was no admission of liability.
Today the court was told that the Blackwell family wanted to make it very clear that they were in no way against vaccination and did not want their case to be associated in any way with such campaigns.
An expert witness they had planned to bring to the case reportedly told the court that, apart from drinking water, vaccination was the most important public health intervention.
Subsequently, Ben’s father, James, and mother, Natalie, said they were “pro-vaccine, pro-science and pro-transparency.”
They said they had brought their five-year-old son for a vaccine that had been touted as safe, but that “the rush to protect the population had been cut.”
James Blackwell said 100 people were collateral damage, most of whom were children with a lifelong condition.
He thanked his legal team and the ‘Sound’ support group, which he said worked for seven years on his behalf.
Attorneys Gillian O’Connor and Michael Boylan, who also represent the plaintiffs in 80 other cases, said the case raised important legal and ethical questions regarding the duties of public health authorities in implementing public vaccine campaigns. .
“It highlights the vital importance and need to maintain the trust of citizens in the informational messages that are being promoted in the media by the health authorities of this country.”
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