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$61 Million Dollar Settlement for a Child Injured by a Vaccine Negotiated by Attorneys at Maglio Christopher & Toale, PA

PRWeb – Fri, Jul 1, 2011

The U.S Federal Vaccine Court awarded a $61 million settlement for a child who suffered a severe adverse reaction after an immunization. Vaccine attorneys at the law firm of Maglio Christopher & Toale, P.A., believed that the case was clearly a result of a reaction to the DTaP immunization. Court documents show that only hours after the baby received a routine diphtheria, tetanus and acellular pertussis (DTaP) vaccination, she started to have seizures, abnormal breathing, irregular heartbeats, and at 6:05am the next morning, her heart stopped completely. It took 6 minutes of CPR to revive her. She has spent that last 6 years of her life suffering from cognitive delays, cerebral palsy, encephalopathy, and seizure disorder. The family's attorneys say the $61 million dollar award will pay for the child's around the clock medical care for the rest of her life.

Washington, DC (PRWEB) July 01, 2011

S.M.* was born a normal and healthy baby girl in August 2005, weighing 7 lbs. 12 ounces. Two months later, her short, healthy life changed tragically because of a rare severe vaccine reaction.

Case documents show that hours after baby S.M. received a routine diphtheria, tetanus and acellular pertussis (DTaP) vaccination, she started to have seizures, abnormal breathing, irregular heartbeats, and at 6:05am the next morning, her heart stopped completely. It took 6 minutes of CPR to revive her. She has spent that last 6 years of her life suffering from cognitive delays, cerebral palsy, encephalopathy, and seizure disorder.

Vaccine attorneys at the law firm of Maglio Christopher & Toale, P.A., who represented S.M. and her family argued that the case (No. 08-463V) was clearly a result of a terrible reaction to the DTaP immunization. In fact, after reviewing the case submitted by Maglio Christopher & Toale, PA, the Division of Vaccine Injury Compensation of the Department of Health and Human Services agreed that S.M. was indeed entitled to compensation. "S.M. will need complete, around-the-clock medical care for the rest of her life,” says the family’s vaccine attorney, Anne Carrión Toale of Maglio Christopher & Toale, PA. "The $61 million dollar settlement amount to be paid out over S.M.’s lifetime is meant to pay for this care."

This vaccine case was medically complicated and the child’s future needs were extensive. “Without legal representation, it could have turned out very differently,” says Toale. “That is why we strongly recommend that anyone considering filing a vaccine case hire an attorney who is experienced in vaccine cases to represent them, especially since there is no cost to victims at all.” Maglio Christopher & Toale, P.A. has been representing vaccine injured patients for well over a decade and currently represents hundreds of patients experiencing adverse reactions to vaccines across the United States.

In 1986, Congress set up an elaborate system to compensate patients injured by adverse reactions to vaccination called the National Vaccine Injury Compensation Program. Since its establishment, the Program has paid out more than a billion dollars in vaccine claims and currently holds more than three billion dollars in trust for future claims. Whether a patient is to be compensated for a vaccine injury is determined by the United States Court of Federal Claims in Washington, DC. Awards by the Court go directly to vaccine injury victims. Attorneys are paid separately for their time by the Court so that there are no legal costs to the victims, even if they do not win their claims. “Not only do very few patients know about the vaccine injury compensation program, very few doctors and lawyers know about it ,” says Altom Maglio, managing attorney of Maglio Christopher & Toale, P.A. “It's a huge help in putting our clients’ lives back together. Compensation for medical expenses, lost wages, and some compensation for pain and suffering is huge when your life has been turned upside down. But there is a very short window to file your claim,” warns Maglio.

For more information on the National Vaccine Injury Compensation Program, or if you are a victim of a vaccine injury, contact the law offices of Maglio Christopher & Toale, P.A. at (888) 952-5242 or fill out our online vaccine injury case review form at http://www.mctplaw.com/vaccine-injury/.

*Attorneys for the victim are withholding her name because of medical privacy issues and because she is a minor.

###

Altom M. Maglio
Maglio Christopher & Toale, P.A.
(888) 952-5242
Email Information

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7 comments

Jenny M • 4 mths ago
Finally some justice!! Vaccines are NOT safe.
Sylvia • Rocklin, California • 4 mths ago
Just to clarify, the Government does pay - the consumer does. Each vaccine carries a tax, which goes into the Vaccine Injury Fund. 25 cents on each vaccine component given, paid by the person taking the vaccine. So for example if your baby goes in for a DTap, MMR, Hep B, Hib, and Prevnar in one day, that would be 25 cents for the D (Diptheria component), 25 cents for the T (Tetanus), etc. The above visit would contribut over 2 dollars to that fund. Mulitply that by the millions of doses given, and you can see the fund has a LOT of money.

Big problem is that the government attorneys fight you TOOTH and NAIL over this money. It is a highly contentious process, with 4 out of 5 claimants denied compensation. It is not a court of law, even though it is called "vaccine court". It is a government program run with your tax dollars. So yeah, it is a mess! And as usual, the consumer/tax payer is the loser.

Even so, over 2 BILLION dollars have been paid out in the last 20 or so years. Part of the process is that parents are threatened not to speak about their childs injury or they will lose the payments they receive. So the general public has no idea just how common severe vaccine injury is. And that is the way they want it.

Pretty sweet deal: you make a product that you are not liable for in any way - and the consumer pays your insurance! Why on earth would they allow this sweetheart of a deal to go away? We are talking about billions and billions of dollars in profit. They will not let this gravy train stop. NO way.
Donald • 10 mths ago
Now maybe the government will go back and make the vaccine manufacturers liable instead of granting them immunity. It will cost the government too much money to pay for the mistakes a money hungry drug company is trying to cover up.
Charles • 10 mths ago
what idiot decides they need to do this to a two month old? why do the powers that be believe this helps anything, it doesn't, it could all be done much later. The reactions are far more common than most people think.
- Autumn 10 mths ago
  They are driven by the almighty dollar.
- Filip 10 mths ago
  Maybe the powers that be don't want to help...
  Just throwin' that out there...
Ryan • 10 mths ago
My daughter has her 1 year old vaccine next monday but me and my wife refuse to take her we have no idea how to approach the DR about this we live in WA my wifes oldest son has a mild case of autism he is a 15 year old she says he was a normal kid until he was about two she doesn't really know if it was caused by the vaccine or not she did not had all this info by then. The point is we don't want to take a risk where we will regret and feel guilty. Our 1 year old is a healthy happy baby if autism or anything else happens to her naturaly we will deal with it but we don't want to be the ones to cause it all because a vaccination I think in this case is something we can prevent.
- Kelly H 10 mths ago
  Do your research! Don't do anything if you are unsure. There are always exemptions. Good luck.
- Baroness 10 mths ago
  We also live in WA state. There are still personal and religious exemptions here. If it comes down to it, just tell your pediatrician you're on a delayed schedule. Worse comes to worst, go to a homeopathic doctor! With the new ESB 5005 being passed into law, you'll need a pediatricians signature on those waivers for daycare and school tho'. (homeopathic's are on the list to sign those waivers tho')
- Baroness 10 mths ago
  BTW - my oldest was vaccine injured when he was 18mos old and it's not just my say so, but SIX doctors said so (rare to get even one doctor to admit this!!). We're also one of the 2,500+ families who've received a settlement from the National Vaccine Injury Compensation Program (tho' the settlement wasn't anywhere near the amount in this story)!
Cinnamon Girl • 10 mths ago
Sandy, I am curious about your autism rates in Norway. Do you happen to know them? Are they the same as USA? My son had a severe reaction to his first DpT vaccine at 2 mos. His digestive system shut down (breast fed only), meaning bowel movements every 14 days. He was inconsolable for several months, and didn't sleep well for several years. responsive like he was b
- Cinnamon Girl 10 mths ago
  Was not responsive as he was before that first series of shots. He received Hib, Hep, Dpt and oral polio at 7.0 lbs.
- MRS. A 10 mths ago
  You do know that you have a choice in the matter, don't you? Read the package inserts next time, if there is a next time. At least be able to give informed consent to a procedure that has the possibility to kill your child, no matter how small that chance is.
  
  AND I hope you reported that reaction to VAERS. I am sure your doctor did not.
Sandy • 10 mths ago
In Norway there are practically no possibilities for compensation for injury from medicines, (including vaccines) or from treatment including surgery. Nor do people appear to be interested in the fact that they have minimal rights as patients.

Most people here have confidence in the health authorities. There is an extremely high vaccination rate so that it is appears to be unnecessary for the authorities to introduce obligatory vaccination.

The health authorities have very close connections with the vaccine industry, a fact which has been openly admitted.

The authorities normally recommend that several vaccines are taken concomittantly. In the case of vaccine injury, people here are not believed, and it is impossible for them to prove that injury is caused by one specific vaccine. The result is that no compensation is paid, something which no doubt also suits insurance companies.

We hear about cases where people who believe that they have a vaccine injury are sent home from the doctor with a prescription for antidepressants.

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