Vaccine, damages after Moderna, young lawyer T.: “130 thousand euro compensation, pioneering case”. Parents: 2Perplexed but green pass necessary for athletics competitions and normal life”.
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"The damage is irreversible and permanent and was due to the Moderna vaccine. The boy, 16 years old, will be entitled to a bimonthly allowance of 1.400/1.500 euros for 15 years". The lawyer of Codacons explained this to Dire Cristina Adducci, who followed the case of the young T., a boy who had always been in excellent health and who practiced athletics at a competitive level and who, like many of his peers, had to be vaccinated in order to continue practicing sports, competing, and having a normal social life as required by the introduction of the 'green pass'.
Compensation for vaccine damage
This is a total compensation of approximately 130 thousand euros corresponding to the eighth category of damage, on a scale of 1 to 8, where 1 is the most serious, to which the young sixteen-year-old T. will be entitled, who a few weeks after the first dose of the Moderna vaccine began to have red spots on his body, then hematomas, blood blisters on the palate until he was hospitalized and irreversibly diagnosed with autoimmune thrombocytopenia for which he is still undergoing very heavy treatments.
The lawyer of Codacons, who has followed the minor and the family, is keen to recall the activities and battles carried out by the organisation to protect citizens, such as, among others, the one to regulate the price of masks: “We couldn't see clearly,” he continues in his interview with Say– and I understand that in a pandemic it was not possible to predict everything, but all of us, patients, wanted and want to have as much news as possible that instead was not given or given in a distorted way.
We promoted the issuing of the support decree for compensation that was not previously regulated - the lawyer explains - and in fact the first requests were met with a 'no' response because the regulation was only in force for damages from mandatory vaccines or from blood product transfusions, but did not apply to this vaccine which however seemed morally mandatory", he adds, recalling the green pass and its consequences, from work to public transport, which in fact led many people to have to make this choice in order to continue working and living normally.
T. had asymptomatic covid, then the 'green pass' issue
As reported in the report by the consultant haematologist, Professor Carlo Rumi: “In October 2020, T. contracted Covid in an asymptomatic form: a paracetamol was enough and Covid had no consequences on his health, so much so that, once the period of home isolation ended, he immediately resumed athletics training.
On August 10, 2021, with several doubts and perplexities and at the suggestion of the family doctor, we vaccinated him- his parents declare- and the vaccinating doctor proposed for T. a single dose of Moderna (0,5 ml equal to 100 mcg of mRNA versus the 30 mcg dose foreseen for the Pfizer vaccine).
As parents, we were convinced to vaccinate him with the primary aim of getting him the coveted green pass and giving him the chance of a normal social life, including the possibility of participating in athletics competitions. The fact of having previously contracted the virus - the young man's mother and father still report - was not considered by the family doctor to be sufficient to get him the green pass as a Covid-recovered child since the disease had manifested itself beyond the time limit set by the Ministerial Decree, that is, six months".
But T. had a 'normal' life before the green pass and after having overcome Covid in a completely banal way and he lost it right after the vaccine. Hospitalization after hospitalization, heavy cortisone therapies that "lowered his immune defenses and he got other infections, he couldn't attend school for a year", adds the Codacons lawyer. “There is no danger to his life and we hope he can return to how he was before”, he specifies.
In Professor Rumi's report, a photo shows a sort of very strong acne on the young man's body, with scabs, pus on the abdomen, limbs and face and severely damaged skin.
Hospitalizations and treatments
After Vaccine and the serious illness the boy was taken "to the Emergency Room of Pisa where he was immediately hospitalized because they found a platelet value of 1.000/mm3 (out of a minimum value of 150 thousand); he remained hospitalized in the Pediatric Oncology Hematology department of the AOUP Santa Chiara of Pisa until October 18th (20 days).
In the hospital - the report continues - they carried out all the necessary tests and examinations (including bone marrow biopsy) excluding more serious illnesses and diagnosing autoimmune thrombocytopenia which represents a rare form of autoimmune coagulation disease.
Now he has started taking Mycophenolate mofetil, Romiplistin (Nplate) and is gradually reducing the cortisone. The worsening of the symptoms led the hematologists to a first short hospitalization on January 26 and, subsequently, a subsequent hospitalization of 18 days (from February 14 to March 3), during which a superinfection was diagnosed, probably due to T.'s damaged skin,” the specialist reports again.
“Law 210 of February 25, 1992 - reiterates the expert's report - recognizes compensation for subjects irreversibly damaged by vaccinations, transfusions of infected blood products. The '92 law, however, provides compensation only for mandatory vaccinations.
Parliament has not clearly written down, by updating the law, that all other recommended vaccinations should also be included among those eligible for compensation, since by analogy these vaccinations should be included in the 92 law. It should be noted that vaccination against Covid-19 is highly recommended” and the fact that the Government has “made it mandatory by decree for all healthcare personnel, doctors and nurses and all teaching staff” is recalled.
T., as can be read in the conclusions of the accepted expert report, "has not yet resolved his problem and in this case the vaccination procedure preceded the acute episode of thrombocythemia and was certainly necessary and was capable of triggering or even just making the haematological pathology latent. In light of the AIFA recommendations, this conclusive causal judgement must be considered correlative and plausible and therefore fall within the terms of compensation for compulsory/strongly recommended vaccination under Law 210/1992 with damage attributable to the VIII pension category".
Pioneering case
“The procedure- points out the lawyer Adducci– it is administrative and refers to law 210 of 92 as modified by the Support Decree. The request was presented to the ASL which makes its report”.
The action of Codacons is not “an action against vaccines as such - concludes the lawyer referring to the easy divisive debate between vax and no vax, given also that the contagion issue - but it is an action to protect citizens' health”. As is the case of T., a young boy who had overcome Covid in a healthy state and who had been vaccinated for the green pass and to continue playing sports. Meanwhile, on the compensation front, "this is a pioneering case," concludes lawyer Adducci confidently.
Article published on 20 July 2022 - 20:22
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