The son of a Las Vegas couple suffered seizures and died six months after getting an immunization shot, but his parents can’t sue for damages due to a federal appeals court ruling Tuesday.
Instead of fighting against injustice and their son’s wrongful death, the parents have to accept no-fault compensation because the judge ruled such suits were precluded by a 1986 federal law. In this case, it seems that the worth of a baby’s death is $250,000, because that is how much the maximum amount awarded for a vaccine-related death is.
But let’s stop and think about whether or not this is fair?
Apparently the 1986 law establishes a “vaccine court” where those who claimed injuries from vaccination must file their claim. But the no-fault compensation allows the manufacturer to lie and divert the blame from themselves for causing harm and acting negligently. The amount awarded to this family is much, much less than the damages typically awarded to heirs in a wrongful-death suit.
Furthermore, the judge should have taken into account that these parents raised their child, only to lose him because of a vacation – something that is meant to cure and prevent disease.
Erin and Shawn Holmes have asked the full appeals court for a rehearing and hope to take their case to the Supreme Court. Hopefully, they will get the justice they deserve, and the pharmaceutical company Merck will provide better warnings next time about potential dangers.
Read more here.
