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A 16-year-old boy who filed a lawsuit claiming he developed a rare sleep disorder after receiving a swine flu vaccine settled his lawsuit in Superior Court.
The groundbreaking settlement for Benjamin Blackwell could now pave the way for the resolution of 80 Pandemrix vaccine cases that were due to go to Superior Court.
Benjamin Blackwell claimed that he contracted narcolepsy and cataplexy, an associated muscle weakness, after receiving the Pandemrix vaccine at the national school when he was five years old.
The landmark action was a test case for 80 other legal actions on the vaccine developed in response to the 2009 and 2010 swine flu pandemic.
Mr. Blackwell’s attorney, Dermot Gleeson SC, told the court that Blackwell’s settlement figure is 50% of the total claim in court. The amount the teen will receive will be presented to the court at another time.
The attorney said that, as part of the settlement, it is now agreed that the same terms of the settlement are available to children and young adults who have similar cases pending in Superior Court regarding the vaccine.
The attorney said there are broad benefits in the settlement for Benjamin Blackwell, including educational support, accommodation costs in connection with tertiary education, a “gold” medical card and childcare costs.
The agreement will not be taken into account when evaluating future disability benefit. The Blackwell Agreement admits no liability.
Judge Kevin Cross said it was a very good settlement, that it had potential for the resolution of other cases.
Outside of court, Benjamin’s father, James, said his family is “pro-vaccine, pro-science and pro-transparency.”
Benjamin Blackwell, of Fairyhouse Road, Ratoath, Co Meath, through his mother Natalie Blackwell, had sued the Minister of Health, HSE and Glaxosmithkline Biologicals SA (GSK), the producer of Pandemrix.
GSK previously received compensation from the state for any adverse reaction to the vaccine.
In his action, the teenager claimed that he was administered the Pandemrix vaccine on February 22, 2010. He was claimed to complain of occasional headaches and a loud high-pitched squeak in his head shortly after, and his parents noticed changes in his behavior , including dramatic mood swings, and that he began to fall asleep at strange times during the day, even at school.
He had ongoing fatigue issues and was diagnosed with narcolepsy in 2012. He currently takes three scheduled naps a day, even when he’s at school. Narcolepsy, it is claimed, will require you to receive lifelong medication and medical treatment.
It was claimed that neither he nor his parents would have consented to the vaccination if several issues were clarified to them, including that Pandemrix has allegedly never been, or was never adequately tested, in children of their age.
Other claims include that the tests on Pandemrix were more limited and less stringent than the normal tests that vaccines are routinely subjected to prior to public release.
As of February 22, 2010, an alternative swine flu vaccine, Celvapan, was available and at that date was known to be much safer than Pandemrix, it was also claimed.
It was also claimed that Benjamin Blackwell or his parents did not receive complete information and warnings regarding the Pandemrix vaccine. Against the minister and HSE it was alleged that there was an alleged lack of sufficient or no warning, known or unknown risks and possible consequences of receiving the vaccine.
The claims were denied.
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