My Story A Slow-Onset Tetanus Vaccine Reaction And Filing For The National Childhood Vaccine Compensation Program

[Guest guest]

http://www.redflagsweekly.com/conferences/vaccines/2004_sept01.html

 

MY STORY

A SLOW-ONSET TETANUS VACCINE REACTION

AND

FILING FOR THE

NATIONAL CHILDHOOD VACCINE COMPENSATION PROGRAM

 

By Jan DeGrandchamp

 

 

 

It was a beautiful fall day, the Friday after

Thanksgiving 2000, and the holiday was very enjoyable.

A few months earlier, I moved to a small town in

California to be closer to my family. I started a new

job and purchased a small cabin. Most of my weekends

were spent camping, hiking, working on my house, or

volunteering at the local animal shelter. At age 54,

I was very active and healthy. My hobbies included

singing, dancing, and cooking.

 

I was scheduled for an annual physical examination

with a new doctor. When I arrived for my physical, my

name was not on the schedule. Because I had my

appointment card with me, they offered to “squeeze” me

in—sadly, I agreed. Then I had the fastest,

high speed, 15minute physical I have ever

had in my entire life. The doctor barely touched me.

During a previous appointment, the Physician’s

Assistant (PA) suggested that I have a Tetanus Td

vaccine. I had an infection at the time and felt I

should wait until my annual examination. The PA

suggested I have a Tetanus shot because I couldn’t

remember when I had the last one, and they were

advised for people who lived in rural areas.

 

During the physical, we revisited the PA’s

recommendation of a Tetanus vaccine and the doctor

stated emphatically that I should have one. I didn’t

realize that she was simply selling me a product, very

much like cosmetics, rather than caring about my

health. She knew that I had a recent infection and

that my father had passed away two months earlier.

The possibility that I could be physically susceptible

to any toxic substance should have been apparent. I

had not stepped on a nail, cut myself, or done

anything to warrant a vaccine.

 

After the nurse gave me the Tetanus shot, I felt a

strange tingling going up the side of my neck, the

same side as the injection. While making my payment,

I mentioned the tingling to the receptionist. She did

not answer me; she just took my money. No one told me

anything about vaccine reactions or what to do if they

happened. I don’t remember getting any information or

signing a release form. If I did, it was a

perfunctory task without any discussion about what to

do if a reaction occurred. No blood tests were taken

or ordered. Twenty minutes later, I was in my car

heading home.

 

Over the weekend, I felt exhausted and ached all over.

I stayed in bed, assuming that the pain would go

away. On Monday, even though still hurting, I managed

to go to work. My muscles became very stiff with deep

burning and stinging sensations, especially when I

moved. The pain felt as if I were being stung by

wasps or set on fire. Even though the pain was

severe, I did everything possible to keep going. I

just moved very slowly. I took a lot of aspirin and

very hot showers for relief. The onset of my symptoms

was slow and sporadic, which made it very difficult

for me to understand what was happening. I thought I

was having a temporary reaction to the vaccine or

fighting a bug of some sort. I am the type of person

who rarely misses work and will show up even when I

feel sick, so I kept going in spite of how I felt.

 

During my morning break, I would take a

15 & #8209;minute power walk around the industrial

complex. I stood up and noticed the burning sensation

in my thigh muscles had increased. My breathing

became labored and I could barely move. It was very

difficult to walk a few steps and I couldn’t even make

it to the end of the building.

 

I called the clinic and scheduled an appointment.

During the appointment, I asked the PA if the Tetanus

shot could be the cause of so much intense pain. He

said that he had never heard of this happening to

anyone, as if it were impossible. He ordered some

blood tests and then I was sent home to wait for an

answer. By this time, turning over in bed or standing

up was extremely agonizing. My body was limp and I

was absolutely exhausted. I knew that something was

terribly wrong.

 

I called the Centers for Disease Control (CDC) and

asked them for information about vaccine reactions and

if they could recommend any treatment protocol. They

referred me back to my physician and offered no

assistance. They said that they did not have any

information or data on vaccine reactions because they

do not occur. This was not what I wanted to hear! I

wanted to be able to take something to my doctor so

that we could handle the problem together. I seemed

to be bothering them by asking for help.

 

After a few days, I called the clinic back and asked

for the results of my blood tests. I asked if someone

could please call me back because it was very

important. The office staff said that the PA or a

nurse would get back to me right away and that my

chart would be put at the top of the call & #8209;back

file. After seven polite phone calls, I realized that

no one was ever going to return my calls. The fact

that I even suggested the Tetanus shot may have caused

my symptoms probably made they flag my file. I called

my HMO to let them know what had happened and asked

for a new doctor. Here’s a news flash—company policy

states that a patient cannot see a new doctor until

the beginning of the next month. I had to wait three

more weeks to see a new physician.

 

A few days later, the pain began to increase. I

called the HMO again to see if I could go to the

Emergency Room near my job. Yes, I was still trying

to work. It sounds crazy, but I am very determined

when it comes to keeping my commitments. Actually, my

employer was very understanding and let me sit at my

desk all day and do very little. The HMO told me to

call the administrative offices of the old clinic and

ask them where the nearest Emergency Room was located.

Technically, I was still under their care until the

end of the month. A clerk said that since my

condition was not life threatening (how she knew that,

I will never know), I could not go to the Emergency

Room and I should go to Urgent Care instead. That was

a drive of over an hour to a different county. Even

though I felt as if I was going to pass out, I got in

my car and drove the 80 miles and somehow found the

facility. My legs would seize up and become very

stiff. I would have to lift them with my hand in

order to use the brakes or change gears. It is a

miracle that I didn’t have a traffic accident.

 

In hindsight, I realize that I wasn’t thinking very

clearly, which was a large part of my illness.

Mentally, I was very confused and being assertive took

too much energy. The fatigue and exhaustion

diminished my ability to make logical decisions. All

I knew was that I hurt, but I didn’t know what to do

about it. I felt as if I was wandering through a

foggy maze of rules and regulations while totally

disoriented.

 

Foolish me—I thought the Urgent Care physician would

see my pain. After telling him how much I hurt, he

said it was only stress and that I should relax and

maximize my food intake. Stress does not cause

excruciating, burning pain! He said that once I

relaxed, the soreness would go away. Since I still

had not heard from the original clinic about my blood

tests, the Urgent Care physician called them for my

results. They were normal. He could not understand

why the clinic would not let me know the results

without making another appointment—and he did not

understand why I was given a Tetanus shot. There was

absolutely no medical reason to give me one. His

diagnosis was “general malaise” — a catch-all phrase

for tiredness and stress. He prescribed a sleep aid

and sent me home. I felt very discouraged because

this physician could not see how much I hurt. He

seemed oblivious to how I felt.

 

Several days later, I talked to a nurse from the

original clinic about my blood work. Her reply was,

“Hon, if you were sick, the doctor would have called

you.” I tried to explain to her that normal test

results and my symptoms could be two separate issues,

but she was not interested in my opinion. The

following week, the doctor called me because I had

complained to the HMO about the seven unanswered phone

calls. She said that since I did not say I was in

pain, no one returned my calls—even though I was told

that someone would. Not once during this conversation

did she ask my how I felt. I reminded her that I was

still in pain, but she never answered me. Each one of

these negative encounters was stressful and

frustrating.

 

The slow-onset reaction to the vaccine was even more

confusing. My symptoms were sporadic, migrating

throughout my body, primarily upward. After a shower

and aspirin, I could function. Once I had some

lipstick on, I only looked tired to most people.

Bizarre sensations began to show up all over my body.

My jaw felt as if someone were pushing it from

underneath and applying pressure. Besides the deep

burning and stinging, it felt as if I was being

stabbed by an ice pick in different parts of my body.

These stabbing sensations were rapid and very severe.

Noises would cause me to jump in alarm and I would

gasp for breath. My hands and wrists became limp and

it was very difficult to hold any type of object; my

coordination diminished rapidly.

 

When the pain subsided, I could move around and

accomplish basic tasks. Then, my muscles would seize

up and I had to stop and rest. I would improve

slightly and then regress into a very weak, fatigued

state. The aches and pains evolved slowly throughout

my body and it was very difficult to explain these odd

sensations. My clinic had no experience with vaccine

reactions, therefore, I was not diagnosed correctly—in

fact, I wasn’t diagnosed at all.

 

By the end of December, my symptoms increased and they

migrated upward into my arms and shoulders. My hands

would contract and they curled toward my forearms. I

would have to sleep on them to flatten them out. I

had a lot of difficulty doing anything that required

coordination. I could barely cut my food; my hands

would flail, and I would drop everything. Dishes and

glasses seemed to fly out of my hands. I was

absolutely exhausted and I walked like a

drunk—staggering, wobbling, and falling down.

Standing was very strenuous and my legs felt as if

they were made of cement and stairs became impossible

to climb. Sometimes, I would have to stop and try to

catch my breath because I felt winded.

 

At the beginning of 2001, I started to keep a journal

of my physical symptoms. Something told me that I had

better write everything down for future reference. I

worked at a hospital for seven years and understood

the importance of documentation. The only pens I

could use had to have ink that flowed easily because I

dropped them if I applied too much pressure. It was

hard to find the right words and I would transpose

them, much like dyslexia. My daily journal became a

repetitious log of agonizing symptoms, challenges,

confusion, and child & #8209;like writing.

 

Desperate for help, I looked on-line for information

about vaccine reactions. I found a web site that

explained the Vaccine Adverse Event Reporting System

(VAERS). When I called my medical clinic and asked

them to report my reaction, they said they did not

have a “protocol” in place for filing the form. I had

to get the form myself, fill out the sections

describing my symptoms and personal information, and

then I had to take it to the clinic so that they could

compete their portion. It is ridiculous when a

patient has to initiate and carry out a medical office

function, especially when extremely ill.

 

In January 2001, I finally saw a new physician. He

was a family practitioner associated with a large

clinic in Los Angeles County. He did not have any

vaccine-reaction experience, but at least he listened,

researched the web, and tried to find some answers.

He really was not sure what to do and tried his best

to understand and observe my progress. I had so many

strange symptoms that it was difficult for him to

document all of them.

 

My on-line search put me in touch with a woman from

Germany who had a Tetanus reaction seven years

earlier. We found a woman in Arizona who had her

vaccine in April (7 to 8 months before my shot), and

then we found others who had reactions either from a

Tetanus shot or from other vaccines. Many of our

symptoms were the same, but with slight variations.

 

The woman in Arizona suggested that I get a Tetanus

Toxoid IgG test, so I requested one from my doctor.

Her results were elevated at over 7.0; mine showed a

level at 6.26. My physician, however, was unable to

explain to me what the results actually meant other

than I had a reaction to the shot. It is my

understanding that after two weeks our levels should

have been closer to 1.0 rather than at these high

levels after a month or two. Our test results showed

that we had high levels of Tetanus Toxoid in our

systems, much higher than normal.

 

What seemed clear to us was that physicians have a lot

of difficulty diagnosing these rare and complex

disorders. I kept looking on-line for more clues

about Tetanus vaccine reactions so that I could get

some help. There were several cases that listed some

of my symptoms, but no one case had all of them. This

one was the closest:

 

Reference is made to an article in the Journal of

Neurology, 1977, entitled “Unusual Neurological

Complications following Tetanus Toxoid

Administration.” The author reports a 36-year-old

female who received tetanus toxoid in her left upper

arm following a wound to her finger. Five days later,

she noticed a weakness first of the right and then of

the left and later of both legs. She complained of

dizziness, instability, lethargy, chest discomfort,

difficulty in swallowing, and inarticulate speech.

She staggered when she walked, and she could take only

a few steps. Her EEG showed some abnormalities. After

a month, she was discharged without neurological

disturbance, but she continued to feel weak and

anxious. Examinations during the next 11 months showed

continued emotional instability and some paresthesias

(numbness and tingling) in the extremities. The

medical diagnosis was “a rapidly progressing

neuropathy with involvement of cranial nerves,

myelopathy, and encephalopathy.

 

I showed this summary to my physician and asked for a

consultation with a neurologist.

 

In late January, I experienced a very frightening

episode. My head felt as if a brick were pressing on

it and I became very disoriented. The pressure was

very strange and it threw me into a state of

confusion. That was my last day at work—I just

couldn’t continue to struggle anymore and I was so

dazed I barely knew where I was. My attendance was

getting worse; I was absent more than I was present.

I remember going to my doctor’s office to get the

disability forms, but I do not remember much more than

that. Months later, I realized that I picked the

wrong day to have this happen. It was my physician’s

day off and it was the lunch hour. I told the clerk

that I didn’t know where I was and that I was having

trouble filling out the forms. She helped me by

correcting my mistakes. If I had known that Urgent

Care was only two doors away, I would have gone there

and been evaluated. I do not remember talking to my

employer or the 45-minute drive home. This was very

dangerous. Truly, the “lights were on and no one was

home.”

 

In February, I finally saw a neurologist. Was that

upsetting! To say that we did not communicate is an

understatement. He ordered an MRI to rule out

Multiple Sclerosis and some of the other common

neurological disorders, which I did not have. When I

asked if he had a prognosis or diagnosis, or what he

thought about vaccine reactions, he snapped at me and

said that I probably had some virus. Then, he stomped

out of the room. He prescribed a muscle relaxant and

took some notes, but that was all he did.

 

His disapproving attitude increased my stress level

and eroded much of my confidence. I could not

understand why anyone would treat me this way? I felt

devastated. He was the “expert,” but he talked down

to me as if I were stupid. I asked him if I needed

additional tests for my nerves because I felt as if

they were “shot.” He said that I did not need any

other medical assessments and I did not need to see

anyone else. I began to understand that he did not

know how to manage my case.

 

He prescribed Neurontin, an anti-seizure medication

that is one of the standard treatments for

multi & #8209;symptom nerve pain. It seemed to reduce

the flailing and jerky motions, and some of the body

aches. At that time, I really did not like taking it.

Adding medication on top of my confusion made it

difficult for me to know if the prescription was

working or not. It did not help with the staggering

and wobbling. It did not reduce the numbness or

tingling in my limbs or the humming and vibrating

sensations that I experienced when I would lie down.

 

By this time, I could no longer lift my arms over my

head. It seemed as if my muscles stopped working and

there was a lot of resistance along with the pain.

Washing my long hair was very taxing and I was left

with a tangled mess (dreadlocks, but not by choice).

I had to cut it very short in order to keep it clean.

I felt alone and depressed. Some nights were terribly

frightening, especially in the beginning. The one

time I thought about calling 911, the snow was too

deep for anyone to get to me. I just stayed in my

bed, coping the best I could. I called my family for

reassurance, but they really couldn’t help very much.

Basically, I was on my own—I realized that being ill

is very lonely.

 

The other Tetanus victims were my biggest

support—talking with someone who understood how I felt

was incredible. We all had a lot of difficulty

communicating with our physicians. It did not seem to

matter how often we said that the Tetanus shot caused

our symptoms. If the doctor or nurse did not agree,

it would not be written in the medical records. If

these complaints were not documented, they did not

exist. This was a huge lesson. We had the vaccine—we

got sick. Were we missing something?

 

Using the Freedom of Information Act, I sent a request

to the FDA to get a list of the adverse reactions

reported for my vaccine lot number. The Center for

Biologics Evaluation and Research sent me the results.

This information is available on-line as well, but

only after two years have passed. Anyone can request

the results for their vaccine after filing a VAERS

form and submitting a written request. I was curious

to know if anyone else had experience a reaction,

which they had, and I knew that this information might

be important in the future.

 

The National Vaccine Information Center (NVIC) sent me

a booklet that describes the National Childhood

Vaccine Injury Compensation Program (Program) and a

list of attorneys who specialize in vaccine cases.

Since vaccine cases are deliberated in the Federal

Court system, the attorney can be from any state. I

wanted to find someone in California because that was

where I lived. If I had to meet with my legal

representative, it would be at least feasible.

 

The first attorney I called said that he would help me

fill out the forms, but he did not want to bother to

submit the application or represent me because these

cases were too difficult to win. He said that doctors

and witnesses did not want to get involved in

time-consuming legal cases that were seldom won. Only

a few law firms accept vaccine cases because they are

so complicated. From the start, I knew that my

chances of being compensated were very low. However,

I have a stubborn streak and was determined to prove

that I had experienced a vaccine reaction.

 

I persisted until I finally found an attorney who

seemed to understand what I was saying. He had years

of vaccine litigation experience and questioned me

thoroughly before taking my case.

 

He was very compassionate and gave me a lot of

personal attention throughout the litigation process.

This was a very emotional experience and I felt

fortunate to have someone who explained the process to

me. The government compensates the attorney once the

case has been decided, whether it is won or lost, as

long as it was filed in good faith. Therefore, I did

not have to put up a large sum of money to undertake

this process. My first job was to prove to my

attorney that I really did have a reaction and that it

lasted longer than six months. This is where my

journal was useful because it helped me remember the

timeline of my symptoms.

 

My primary-care physician agreed that I should get

another neurologist, especially since I fired the

first one. Seven months after receiving the Tetanus

shot, in June 2001, I was finally able to see a

qualified neurologist. He was very kind and did his

research regarding vaccine reactions. My attorney

advised me to take a summary of my symptoms with me to

the appointment. It described all of the symptoms

that I experienced within the first 72 hours after

receiving the vaccine and how I felt currently. I

found this list of symptoms helped my physician

understand what I was trying to say. It was also very

important to have all of my symptoms documented in my

medical chart.

 

After a thorough neurological examination, the doctor

agreed that I had experienced a vaccine reaction. He

made the diagnosis of “autoimmune peripheral

neuropathy” due to the Tetanus shot. He described it

as a variant of Guillain-Barré Syndrome, a documented

vaccine reaction that is often misdiagnosed. He said

that I had an “ataxic gait” and axonal nerve damage.

He explained that my nerves were damaged and that they

might regenerate in a few years. I just had to wait

until my body healed. Finally, I had a diagnosis! My

attorney then had the confidence to go forward and

create the Affidavit needed to file for the Program.

He was very familiar with my symptoms, too, since he

had heard them from some of his other clients.

 

In 1986, the Program was set up by the Federal

government to help children who had vaccine reactions.

Though Tetanus shots are listed as a childhood

vaccine, I could still file for the Program even

though I am an adult. Applying is not as simple as it

sounds. It was a shock to learn that it is such a

difficult process with an enormous number of

requirements. Remember, I was not suing anyone—I was

only applying for a government program. This is total

litigation—to the fullest extent. Taking on the

government is similar to playing in the major leagues.

That is why it is very important to have an attorney

with vaccine litigation experience.

 

The Department of Health and Human Services (DHHS)

oversees the Program and they are the “respondent” in

the case. They have an arsenal of attorneys who are

hired specifically to prove a “petitioner” (the sick

person) wrong. A “Special Master” (judge), who is

employed by the federal government, is assigned to

each case. The burden of proof is on the

petitioner—the person who is ill, or the parents of

sick children. I had to submit 10 years of medical

records and countless documents that described

everything about me.

 

Most cases are automatically denied, no matter how

severe the reaction. After my initial denial, I had

to gather more evidence. It was very difficult for me

to duplicate all the paperwork that was needed and

then go to the post office and mail it. Keep in mind

I hardly knew what planet I was on, and physical

activity was very exhausting. Most days, it was a

challenge to get up and dressed. Some days folding a

blanket makes no sense to me, let alone assembling

documents in any logical order. It was a process

intended to prove that I was wrong or that I was

lying. Believe me—the experience was very painful,

emotionally and physically.

 

The petitioner must be able to provide enough

supporting documents so that the attorney has

sufficient evidence to prove the case. No attorney

can be expected to do all of the work necessary to

win. Litigation requires an incredible amount of work

by both parties. The petitioner must be prepared to

expose his entire life to the courts. All of the

documents are read by a countless number of

people—attorneys, clerks, physicians, and judges.

They knew everything about me. I felt more like a

criminal than someone who needed help. It was not as

if I were trying to steal their money. I have worked

all my life, paid my taxes, and sworn my allegiance to

this country.

 

By August, my finances were getting desperately low.

I was collecting Unemployment Insurance, but no one

would hire a cripple. I did what I had to do to

survive. It became necessary for me to sell my house,

which by some miracle I was able to accomplish. This

was a terrible loss to me. I had already lost my

health, my job, my insurance, and now my home. A few

more months and I would have gone into foreclosure.

Thankfully, my mortgage broker and escrow officer did

most of the work. I left all my furniture and

appliances behind and moved in with relatives until my

“trial” in October. Without the money from the house

or my family’s help, I would have ended up in a

homeless shelter.

 

The government has hired expert witnesses to help deny

vaccine-injury claims. These witnesses receive large

medical grants from the government to undertake their

research, so I doubt that they want to “bite the hand

that feeds them.” My neurologist decided to

administer a nerve conduction study, the results of

which demonstrated abnormalities due to nerve damage.

In an attempt to discredit my doctor, the expert

witness for the DHHS said that the test should have

been performed in an academic setting rather than in a

private office. He denounced the test results, as if

they were frivolous. Therefore, the government’s

attorneys stated that they were unacceptable.

 

My attorney requested that the same test be performed

at the University of California at Los Angeles (UCLA).

A world-renowned neurologist, recognized for his

expertise in nerve conduction studies, was asked to

administer the test. The government said that the

ULCA physician could not write a medical opinion about

the results. Doesn’t this sound a little strange?

One of the top experts in the field and his opinion

was not important. My attorney and I objected, of

course. During the examination, I was not allowed to

volunteer any information about my case; I could only

answer questions if asked. I was so afraid that I

would say or do something wrong. The results of this

test were abnormal and confirmed my neurologist’s

conclusion. This was the additional proof that we

needed.

 

It seems very logical to have a second opinion or

additional medical tests so that a patient will

receive appropriate medical care. However, this test

had nothing to do with medical care. This was legal

strategy. The government was determined to prove me

wrong and it has the money to do so. My attorney

considered the UCLA test a very high & #8209;risk tactic

because he could not be sure what it might prove. I

was not going to UCLA get any medical care—I was going

there as part of a legal objective.

 

The trial was scheduled for October of 2002. The

government made me a pre-trial settlement offer of

$5,000. I was stunned that they could put such a low

value on someone’s life, so I turned it down. The

trial was conducted by means of a telephone conference

call. The Special Master assigned to my case flew

from Washington, DC, to Los Angeles and directed the

proceedings from a conference room near the airport.

My attorney and neurologist were in attendance. We

chose my neurologist for our expert witness because he

was familiar with my case and I knew that he cared

about me.

 

The other telephone-conference participants were the

DHHS attorney and the government’s expert witness, a

neurologist associated with a well-known university.

In reality, it was my doctor who was on trial because

he had to prove he knew what he was doing. Keep in

mind that he is a licensed physician with admitting

privileges at an accredited hospital. In order to

have hospital admitting privileges, his credentials

were examined thoroughly. Under California State law,

he is required to participate in continuing-education

programs so that he knows the current medical

treatments.

 

The trial took about four hours, during which time I

was not allowed to say anything. The judge asked me a

couple of “off the record” questions prior to the

trial, specifically if I was the one who filled out

the top part of the VAERS form. He said that he knew

the clinic had not filled out that portion of the form

because he could read it. He laughed about it and I

believe that he was concerned that the information was

correct. After that, I had to remain silent while

these people argued about the case. The PA at the

original clinic had written in my chart that I was

neurologically intact. The government used that

statement as compelling evidence that I had not

experienced a vaccine reaction—a neurological

assessment made by someone who admitted he had never

even heard of a vaccine reaction.

 

The trial was an expensive endeavor; in fact, I am

sure the entire process was expensive. I believe that

it was very important for the Special Master to see my

witness and attorney face & #8209;to & #8209;face, but no

one was interested in seeing me. It was my doctor and

attorney who had to represent my physical condition

and mental character to the Special Master. No one

else that was involved with these proceedings, even my

attorney, ever saw me. Fortunately, he and I had many

long conversations and I felt that he had taken the

time to get to know me. The other participants only

reviewed my medical records and discussed their

impressions.

 

The Program was written so that specific vaccine

reactions will be compensated, which increases the

difficulty to win these cases. The narrower the

definitions of possible reactions, the more cases will

be eliminated during the legal process. The Tetanus

vaccine & #8209;related injuries that may be compensated

are:

 

“Anaphylaxis or anaphylactic shock, brachial neuritis,

and any acute complication or sequela (including

death) of an illness, disability, injury, or condition

referred to above which illness, disability, injury or

condition arose within the time period described.”

 

Since physicians may have different interpretations or

diagnoses for the same symptoms, or they may not even

recognize vaccine reactions, the government is able to

eliminate many of these cases.

 

Axonal nerve damage happens when the myelin sheath is

injured, however, I did not have any physical proof of

this because my first neurologist refused to conduct

the appropriate tests, even when I asked for them.

Adequate health coverage does not guarantee

high-quality results. Two of the other Tetanus

victims were being treated by a university medical

facility and a major health clinic and they received

only minimal care. By the time of the trial, I could

no longer afford medical insurance or expensive

medical tests, such as a nerve biopsy, which could

have provided more proof of my nerve damage.

 

After the trial, the Judge recommended that a

settlement be considered. The DHHS attorney requested

more documents—I could not seem to satisfy them with

enough paperwork. They said that we had not proven

our case, but they needed more information. While we

were waiting for the Judge’s decision, the government

made another offer of $15,000. I felt that my life

was worth more than the price of the average car and I

told my attorney that I thought the amount was

insulting. He was a little unsure about my decision.

If we lost the case, I would get absolutely nothing.

If I accepted their offer, at least I would get

something.

 

My odds would have been better at a Las Vegas casino.

This strategy puts a petitioner at a very significant

disadvantage. This is a very adversarial relationship

because the government does not work with a petitioner

to solve the problem. It tries very hard to prove

them wrong. The choice is to accept the pittance they

offer or try for more money. For most people, it

takes years to get to this point, and it is easier to

give up rather than to continue to fight. Since we

did not agree on a settlement amount, the Special

Master chose to resolve the case and write a Decision.

 

The whole process is lengthy and intimidating, and

when someone is ill, it is even more difficult. The

Vaccine Courts require very detailed information about

a petitioner and scrutinize all documents thoroughly.

I applied for Social Security Disability (SSD) because

I was disabled and entitled to assistance. I needed a

back-up plan to survive financially since there was no

guarantee that I would win my vaccine case. Money

wasn’t exactly falling from trees and there is

something about eating that I seem to enjoy. All my

SSD documents had to be submitted to the Vaccine

Courts. My attorney suggested that I retain a law

firm that specialized in SSD applications because he

was not familiar with the process. This is another

reason why so many physicians and attorneys do not

want to get involved in these drawn out cases. Now, I

had to duplicate everything so that both law firms and

DHHS were fully informed. SSD requires specific

medical appointments and psychological evaluations,

the results of which had to be forwarded to the DHHS

attorney.

 

Under the Program, a claim must be filed within three

years after receiving a vaccine. The process can take

years, but it must be completed before suing a

physician or the manufacturer. Then, it could take

another five years to finish those cases. Who has the

time, money, or energy for years of legal proceedings?

How is someone supposed to do this when their only

goal should be to get healthy? To me, this is an

absolute crime. The government and pharmaceutical

companies have the time, resources, and attorneys to

litigate these cases. What does the patient have?

 

After the trial, I found a place to live and waited

for the results. I lived on the money from the sale

of my home, but I still had not been approved by SSD.

The stress and tension was really starting to get to

me. In November, while walking in my apartment, my

legs gave out and I collapsed. I called a community

medical clinic and managed to get an appointment.

They helped me get a grant for Neurontin, which I had

stopped using. It is an expensive drug that I could

no longer afford. They also recommended large doses

of Motrin and Tylenol for the pain. By now, I was

taking too much aspirin, so it was time to stop before

I developed other complications. I was scared that I

was getting weaker and weaker. If I stayed calm and

quiet, my pain and symptoms were less intense, but

when stressful situations arose, such as moving and

legal proceedings, my symptoms increased. My legs

were very weak and it was absolutely impossible for me

to walk without a cane—I couldn’t even walk around one

block.

 

My SSD was finally approved, but I still had to wait

for the vaccine case to be resolved. My attorney was

starting to wean me in the event we lost the case,

which was highly probable. He kept reminding me that

very few people actually win. I was beginning to feel

that it was time for me to move on with my life and

accept the consequences.

 

In May of 2003, my attorney called and let me know

that I won my case. He was practically doing

cartwheels, but I had no idea what it meant. Besides,

by that time I was pretty numb emotionally. My

feelings had flat-lined after months of being in a

constant state of disappointment. He sent me a copy

of the Special Master’s Decision, which stated:

 

“The issue in this case is whether the injuries

alleged by Petitioner, Miss Jan DeGrandchamp, occurred

as a result of her tetanus-diphtheria (Td) vaccination

administered on 24 November 2000. Specifically,

Petitioner alleged brachial neuritis, anaphylaxis and

peripheral neuropathy as sequlae to the Td vaccine.

The Court finds that Petitioner did not meet her

burden by a preponderance of the evidence concerning

her claims of brachial neuritis and anaphylaxis.

However, the Court finds that it is more likely than

not that Miss DeGrandchamp did suffer peripheral

neuropathy as a result of the Td vaccine.

 

Petitioner provides medically plausible mechanism, an

autoimmune response, for Miss DeGrandchamp’s injuries.

The onset of her maladies was temporal to the

administration of the Td vaccine. The medical records

indicate that doctors searched for other causes for

Petitioner’s symptoms but found none. Although both

medical experts are eminently qualified, only Dr. H,

Petitioner’s expert, performed a face-to-face

evaluation of Miss DeGrandchamp. Finally, Dr. H’s

concern that the medical records indicated only

subjective findings was allayed by the objecting

findings of the two nerve conduction studies. Thus,

the Court finds that Petitioner has proved by a

preponderance of the evidence that the Td vaccine that

she received on 24 November 2000 was more likely than

not the cause of the peripheral neuropathy she suffers

until this day.”

 

This decision entitled me to an award under the

Vaccine Act.

 

Then another roller-coaster ride started. There were

more status conferences with my attorney and the DHHS

attorney. After the Judge issued the Decision, DHHS

said that we had not proven that I was permanently

disabled. According to Social Security, another

division of the federal government, I was permanently

disabled and they were sending me a monthly check for

that disability. According to DHHS, that was not

adequate proof. It was a constant battle to stand up

for my rights and fight for my beliefs.

 

At first, my attorney thought that the judgment would

make me whole, as in most lawsuits. Therefore, he

asked for a generous settlement. Then, DHHS asked me

to provide more documents about earnings and

expenses—ten years of taxes and medical expenses.

These demands were exasperating and frustrating.

Jump—how high? They have the power to ask for

anything they want, and they always want it right now.

They asked for estimates of my current and future

insurance expenses. Since I am considered “disabled,”

I cannot be insured. My Medicare coverage would not

start until another year, so I had to be careful not

to get sick. SSD is considered taxable income, so the

prorated amount was deducted from my settlement.

 

In late September of 2003, I finally agreed to a

figure that was much less than the original amount my

attorney requested. I was up against another wall.

My options were that I could continue to fight for

more money, which could take another year or two, or

take the settlement. If we continued, the Special

Master could reduce the amount I was offered if he

felt like it. What choice did I have? I was too

tired to fight anymore—and that is exactly what they

wanted. I did not have the energy or finances to

continue.

 

Even after agreeing to an amount, there was still more

waiting. It would take months for approval by a DHHS

supervisor, followed by Court approval. In January of

2004, I signed a “Stipulation” that re-stated the

agreed amount. I started to believe that I may

finally get some money, but I also knew that it would

still take a long time. If anything happened to me

while waiting to be compensated, no one in my family

would have any claim to it. The government would just

keep it. I just had to be very patient. Finally, in

April of 2004, I received a check from the US.

Treasury Department. By this time, my enthusiasm was

pretty low and I found it very difficult to understand

and accept the whole process.

 

After all of this, the only conclusion that I can make

is that there really isn’t anything special about my

case. It is a documented fact that a certain number

of people react to vaccines—and I was one of them. My

reaction is considered a statistical probability—the

“one in a million” that just happens. Of the small

percentage of people who experience vaccine reactions,

an even smaller percentage will be able to apply for

the Program. They lack the appropriate medical

assistance and documentation. In my group, only one

other woman filed. We both gathered as much evidence

as we could, however, I won and she lost. Her case

was denied because her medical records did not provide

enough evidence that the vaccine caused her injuries.

 

I won my case was because I refused to allow the

federal government to treat me as if I were worthless.

I know that I have rights—the right to choose, the

right to be informed, and the right to be treated with

respect. After more than three years, I was

compensated for my reaction to a common inoculation.

Many cases take much longer than this, often without

success.

 

I learned some valuable lessons, but they were lessons

of pain and struggle. I will never be the same. My

muscles are still stiff and always ache. I cannot

raise my arms over my head without feeling pain, and I

wobble and lose my balance when I walk. I wear a

medical alert tag that says “no vaccines” so that I

will not be given a Tetanus shot if I am in an

accident. I am getting stronger every day and I know

that I will eventually get better. Someday, I will

dance again.

 

-------

 

Jan DeGrandchamp was born in Santa Barbara,

California. After attending local schools, she

obtained an A.S. degree in Business and Management.

She was employed as an Administrative Assistant for

various businesses in California and Oregon, including

a community hospital and a major film studio.

 

Music has always been one of her favorite pastimes,

especially gospel music. She sang and danced with

Della Reese’s church choir in Los Angeles, California,

for over two years. Her other hobbies included

camping and hiking, all of which she has stopped.

 

Currently, she lives near Portland, Oregon, to be

close to her son. Her illness has forced her to move

several times. Next year, she hopes to find a more

permanent residence. She spends most of my time

trying to improve her health and singing in a small,

sit-down band.

[Guest guest]

After a tetnus shot I came down with Shingles for several months. I made

the MD send a letter to the drug maker so they would know of this side

effect. For what ever good that may have done. I soon Quit that MD! ng

 

-

" Frank " <califpacific

<alternative_medicine_forum >

Thursday, September 02, 2004 11:07 AM

My Story A Slow-Onset Tetanus Vaccine

Reaction And Filing For The National Childhood Vaccine Compensation Program

 

 

> http://www.redflagsweekly.com/conferences/vaccines/2004_sept01.html

>

> MY STORY

> A SLOW-ONSET TETANUS VACCINE REACTION

> AND

> FILING FOR THE

> NATIONAL CHILDHOOD VACCINE COMPENSATION PROGRAM

>

> By Jan DeGrandchamp

>

>

>

> It was a beautiful fall day, the Friday after

> Thanksgiving 2000, and the holiday was very enjoyable.

> A few months earlier, I moved to a small town in

> California to be closer to my family. I started a new

> job and purchased a small cabin. Most of my weekends

> were spent camping, hiking, working on my house, or

> volunteering at the local animal shelter. At age 54,

> I was very active and healthy. My hobbies included

> singing, dancing, and cooking.

>

(SNIP)