£90,000 Compensation Payout For Injuries Caused By An MMR Vaccination – Case Study

By Danielle Griffin. Last Updated 14th March 2023. Welcome to this case study covering medical negligence claims payouts for an MMR vaccination.

In this unusual case study, we are going to look at the case of a family who won £90,000 in MMR vaccination compensation. The case concerned 18 year old Mr F who received an MMR vaccine (a vaccination against measles, mumps and rubella) when he was 13 months old. Prior to the combined measles, mumps and rubella vaccine, he was a healthy boy, who seemed to be developing normally. Ten days after the immunisation, Mr F experienced a major epileptic seizure, which left him seriously brain damaged.. As well as becoming epileptic, Mr F’s brain damage caused him to become severely disabled, becoming unable to stand unaided, eat unaided, could only speak a very limited number of words and suffered from severe learning difficulties. He is also incontinent because of his disability.

For Mr F’s parents this claim and the compensation awarded was the end of a thirteen year battle to win MMR vaccination compensation for their son from their initial application for complication from the department of health. They had initially applied for a vaccine damage payment on behalf of their young son in 1997 from the government’s Vaccine Damage Payment scheme. Unfortunately, the claim was rejected by the medical assessment panel because it could not be proven beyond reasonable doubt that their son’s epilepsy and disabilities was caused by the MMR vaccine. This scheme has since been disbanded.

If you have any questions about claiming for a vaccine injury, get in touch with our advisors using the details that follow:

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What Are The Risks Surrounding The MMR Vaccine?

Sadly there is a lot of misleading information about the MMR vaccine and other childhood vaccines  in the media and online, pertaining to MMR and autism links and other issues, much of which has been spread by anti-vaccine pressure groups and activists. Therefore it is very important that we look at the potential risks and side effects of vaccines objectively.

MMR Vaccination Medical Negligence Claims Payouts for An MMR VaccinationAccording to the NHS in Britain, there are some side effects to the MMR vaccine. Firstly, some children will experience a mild form of measles, which will result in a high temperature, loss of appetite, general feelings of unwellness and a rash. This may last 2-3 days. 1 in 50 children will develop a mild form of mumps after experiencing the MMR vaccine, which involves a swelling of the cheeks and jaw and should only last a day or two. Some adult women who receive the MMR vaccine also experience joint stiffness, which can last 2-3 days. Unfortunately while its success has been endorsed through numerous studies, the NHS does acknowledge that there are some rarer side effects from the MMR vaccine.1 in 24,000 cases will develop a rash of bruise like spots known as idiopathic thrombocytopenic purpura (ITP). These will usually be gone within two weeks.

The most dramatic side effect of the MMR vaccine is suffering from a seizure. This can occur 6 to 11 days after receiving the vaccine. MMR triggered seizures, like the one that Mr F suffered from, affect 1 in 1,000 children. The risks of a seizure being triggered by the MMR vaccine is far lower than the risk of a seizure if a child contracts measles. What’s more, Mr F suffered a very severe form of seizure which left him badly brain damaged. Because these risks are so low, the MMR vaccine is classified as a safe vaccine.

Controversy has surrounded the MMR vaccine since Dr Andrew Wakefield published a paper in The Lancet journal linking the MMR vaccine to autism and bowel disease. The results of these findings were widely discredited and there has been no evidence to prove that the MMR vaccine can cause autism or bowel disease. (Please remember as well that Mr F, the subject of this case study, is not autistic). Dr Andrew Wakefield has since been struck off the medical register. What’s more, measles, mumps and rubella are highly infectious diseases with extreme symptoms such as meningitis and encephalitis, as well as cause children to go deaf. These illnesses can also cause pregnant women to miscarry their unborn baby. Since the vaccine was introduced, diseases it prevents have become rare, but it is important to get your children immunised to protect them from exposure to the disease and also to help prevent these diseases from spreading across the general population.

What Were The Alleged Effects Of The Vaccine On The Claimant?

As we have said, the vaccine caused a 13 month old Mr F to have a serious seizure which left him with severe brain damage. As a result mr F suffered from epilepsy, was unable to walk or stand unassisted, suffered from learning difficulties, impaired speech and could not eat on his own. He now needed at home care, which his parents had to provide him. This affected their ability to work and earn a living. As we have already mentioned, Mr F’s parent’s originally applied for compensation from the Vaccine Damage Payment scheme and lost their claim for vaccine injury compensation. They eventually won their claim for MMR vaccination compensation in 2010, after several appeals.

About The Vaccination Injury Compensation Claim

The hearing was a very delicate matter. It was chaired by a barrister sitting with two consultant doctors. One of the doctors on the board for the vaccine compensation claim did not believe that the vaccine directly caused Mr F’s epilepsy and disabilities. Instead, she judged that young Mr F may have been born with a genetic predisposition to epilepsy, and would have developed the condition anyway. But he was overruled by his two colleagues. The advisory board gave this final comment of warning: “We would stress that this decision is fact-specific and it should not be seen as a precedent for any other case. In particular, it has no relevance to the issue… as to whether there is a link between the MMR vaccine and autism.”

Mr F’s parents were awarded £90,000 in damages on Mr F’s behalf. This vaccine injury compensation amount may seem like a lot of money, but please consider that given the severity of Mr F’s disability and the time his mother and father have devoted to his care, it is a small price for the Defendant to have to pay. His mother said that the money will mostly go towards paying for Mr F’s care.

Do I Qualify For A Vaccine Damage Payment?

If you or your child suffered injuries because of a vaccine, you may wonder if you qualify for a Vaccine Damage Payment. A Vaccine Damage Payment is a one-off tax-free payment of £120,000. It is not a compensation payment. We look at compensation for vaccine injuries in the next section.

In order to qualify, you or the injured party must have suffered severe disabilities caused by vaccination against a certain disease. This may be a single vaccine, such as against mumps; or the injury may have been caused by a combined vaccine, such as the MMR.

For the purposes of this scheme, severely disabled means at least 60% disabled. This could be either physically, such as caused by nerve damage or mentally, such as that caused by brain damage.

You may claim on behalf of your child or, if the disabilities caused by the vaccine resulted in death, you could claim on behalf of the deceased. Those over 18 with the mental capacity to manage their own affairs will receive the compensation directly. If the injured party is under 18 or lacks the mental capacity, the payment will be made to their trustees.

An injured party may also qualify for a payment if they’re severely disabled because their mother was vaccinated while pregnant or if someone develops severe disabilities following close physical contact with a person that received an oral vaccine against poliomyelitis.

Injury Compensation Claims – Vaccine Injury Compensation

As stated above, even if you qualify for the Vaccine Damage Payment, you may also be eligible to claim for medical negligence. You could be eligible to claim for vaccine injury compensation even if you don’t qualify for the Vaccine Damage Payment. In this section, we look at how compensation might be awarded.

Injury compensation claims are different between claimants. For example, some claims may include special damages. Special damages recovers expenses incurred as a result of the injuries. Some claimants may require specialist nursing care following a vaccine injury. The costs of this could be recovered. However, proof is likely needed, such as invoices.

General damages will compensate for the physical pain and mental suffering caused by the injuries if the claim is successful. To help value general damages, legal professionals use a document called the Judicial College Guidelines (JCG). It contains a list of injuries alongside compensation brackets.

General Damages

Our table contains figures from the JCG for injuries that could be caused by a vaccine. It is only provided as guidance.

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Injury Severity Details Compensation Bracket
Brain Injury Very Severe (a) The award considers the injured party’s insight, life expectancy, physical limitations, communication ability, behaviour issues and whether they have epilepsy. £282,010 to £403,990
Brain Injury Moderately Severe (b) In this bracket, the injured party will have substantial dependence and require constant professional care. £219,070 to £282,010
Paralysis Paraplegia (b) The award will be impacted by pain levels, independence, mental health, age and life expectancy. £219,070 to £284,260
Epilespy Grand Mal (a) In this bracket, the injured party developed grand mal epilepsy. £102,000 to £150,110
Epilespy Petit Mal (b) The award considers whether it is controlled by medication, how much life is blunted by the medication, the effect on their lifestyle, behaviour problems and prognosis. £54,830 to £131,370
Epilespy Other (c) The claimant may suffer one or two discrete episodes or a temporary resurgence of epilespy. £10,640 to £26,290
Neck Severe (ii) The claimant has suffered permanent damage to their brachial plexus. £65,740 to £130,930
Arm Severe Injuries (a) The claimant has suffered extremely serious injuries leaving them no better off than had the arm been amputated. £96,160 to £130,930
Shoulder Severe (a) In this bracket, the injured party has suffered serious brachial plexus damage. £19,200 to £48,030
Shoulder Serious (b) In this bracket, the claimant has suffered damage to their lower brachial plexus and experience sensory issues as a result. £12,770 to £19,200

Call our advisors to discuss your injuries. They can value your potential claim for free.

No Win No Fee Vaccine Injury Compensation Claims

If you or your child has been injured due to a vaccine, such as suffering an extreme reaction to a vaccine then suffering from an injury, illness or disability as a result then you could be entitled to make a vaccine compensation claim. Your vaccine damage payment could be worth tens or even hundreds of thousands of pounds, which will go towards getting you or your child the best possible medical care that is needed. Accident Claims UK offers all of our clients the option to make a no win no fee claim. Your no win no fee solicitor will not charge you an upfront fee and you will only have to pay your fee if you win your claim. So there is no financial risk to you. To enquire about making a no win no fee claim, call us today to talk about your circumstances. If you have legitimate grounds to claim then we will put you through to the right no win no fee solicitor.

Contact Our Vaccine Injury Compensation Claim Experts Today And Get Medical Negligence Claims Payouts for An MMR Vaccination

Do you think you or your child could be owed a vaccine damage payment for injuries caused by the MMR vaccine, or any other vaccine? Speak to Accident Claims UK today. We offer a free, no obligation consultation to anyone looking to make a vaccine compensation claim. Our friendly advisors are trained to speak to you knowledgeably and with sensitivity. You can discuss the circumstances of your vaccine injury compensation claim and if we think you are entitled to a vaccine damage payment form the Department for work and pensions or the Department of health,  we will provide you with an excellent personal injury lawyer to help you make your claim. What’s more, we will estimate how much vaccine injury compensation your claim could be worth.

If you think you are owed MMR vaccination compensation, or compensation for any other sort of vaccine damage claim then make sure that you speak to Accident Claims UK today. If you have legitimate grounds to claim MMR vaccination compensation, we would love to hear from you.

As well as medical negligence claims payouts for an MMR vaccination, what other clinical negligence claims could I make?

As well as medical negligence claims payouts for an MMR vaccination there are a number of other types of medical negligence that could lead to a compensation payout. Clinical negligence payouts could be made to claimants who have suffered incidents such as:

  • Misdiagnosis
  • Missed diagnosis
  • Surgical negligence
  • Childbirth negligence leading to birth injuries or injuries to the mother
  • Hospital acquired infections
  • Negligent treatment or advice
  • Wrong prescriptions

These are just a few examples of how you could suffer clinical negligence. If you want to make a clinical negligence claim you would need to be able to evidence that the negligence you’d suffered directly affected you and caused you harm. For example, if you suffered a missed diagnosis of cancer, and your disease progressed untreated to a point where it became untreatable, you could be eligible for compensation. If you would like to learn more about making medical negligence claims and achieving the highest compensation payouts possible for your claim, please contact our friendly, knowledgeable team for advice and support.

How common are medical negligence claims payouts for an MMR vaccination?

Clinical negligence effects the NHS significantly. According to NHS Resolution, there was a huge sum paid out in clinical negligence claims by various trusts in 2020- 2021. Below, you can see a graphic with the figures from NHS Resolution.

 

medical negligence payouts for an MMr Vaccination statistics graph

 

 

How could I maximise medical negligence claims payouts for an MMR vaccination?

If you are looking to maximise medical negligence claims payouts for an MMR vaccination, you might be interested to learn about the different forms of evidence that could be used within a claim. Initially, you would need to be able to prove that you have suffered medical negligence that had caused you an injury. This could involve obtaining witness details, and written statements from yourself and others involved in the case. As well as this, you would need to submit complex medical evidence. You would need to attend an appointment with an independent medical specialist, who could examine you, review your medical notes and write a detailed report of your prognosis as well as your condition and what they think may have contributed to it. In addition to this, you would need to be able to evidence any costs you may have incurred due to the negligence and any losses such as loss of earnings. These would help you have the strongest case and claim the maximum in general damages and special damages possible for your claim.

 

Could my choice of solicitor affect medical negligence claims payouts for an MMR vaccination?

As we have mentioned prior to this, this case was quite a complex one that required experienced, dedicated personal injury solicitors to achieve the compensation settlement. If you want to maximise your chances of getting compensation for any type of clinical negligence, it would be wise to have an experienced solicitor on your case. That way they could harness all of their knowledge and experience to fight for the maximum compensation possible for your claim.

Useful Links Relating To Medical Negligence Claims Payouts for An MMR Vaccination

Clinical And Medical Negligence Claims Guide, How To Claim The Compensation
How to make a claim for an injury or harm caused through clinical negligence.

Death Due To Medical Negligence Amounts
Settlement amounts for fatal accidents and deaths caused by clinical negligence

Thank you for reading  this case study covering medical negligence claims payouts for an MMR vaccination.