Re: Legal issues with FluMist

[Guest guest]

Max wrote: If a child gets the new flumist vaccine from a school setting and their parents sign a form saying that the company nor the school district is liable should any adverse events occur to child or anyone else from said vaccine. Are parents actually being asked to sign such a waiver for their children to receive Flumist? If that were the case, I don't think I would want my kids getting the vaccine.Their getting the vaccine and shedding the flu to others is another story/problem. How will any parent be able to prove that their child caught the flu from a child who had had the Flumist vaccine, when it is difficult enough now, to prove in court that anyone, who has suffered an adverse reaction after a vaccine, suffered damage that was caused by the vaccine and was not merely afflicted by a condition which occurred by temporal or coincidental association? Aasamax walker <max.walker@...> wrote: A question to all you legal people out there. If a child gets the new flumist vaccine from a school setting and their parents sign a form saying that the company nor the school district is liable should any adverse events occur to child or anyone else from said vaccine. Does that mean a totally unrelated child can get

infected, suffer terrible effects and not be able to sue anyone for damages???

[Guest guest]

> Does that mean a totally unrelated child can get infected, suffer

> terrible effects and not be able to sue anyone for damages???

No. The waiver would not affect potential claims by those who did not

get vaccinated. They waived nothing. There are good arguments that such

a waiver is invalid, in any event.

As for proof issues, if a mini-epidemic of flu occurs in a school where

and close in time to when Flumist is given to only a portion of the

student body it would be possible, though difficult, to prove the

non-vaccinated got flu from the Flumist vaccinated - if the strain is

determined and found to be one in the Flumist and by the proximity in

time, etc.

RJK

On Nov 11, 2006, at 9:41 PM, Aasa wrote:

Max wrote:

If  a child gets the new flumist vaccine from a school setting and

their parents sign a form saying that the company nor the school

district is liable should any adverse events occur to child or anyone

else from said vaccine.

 

Are parents actually being asked to sign such a waiver for their

children to receive Flumist? If that were the case, I don't think I

would want my kids getting the vaccine.Their getting the vaccine and

shedding the flu to others is another story/problem. How will any

parent be able to prove that their child caught the flu from a child

who had had the Flumist vaccine, when it is difficult enough now, to

prove in court that anyone, who has suffered an adverse reaction after

a vaccine, suffered damage that was caused by the vaccine and was not

merely afflicted by a condition which occurred by  temporal or

coincidental association?

 

Aasa

max walker <max.walker@...> wrote:

> A question to all you legal people out there.

>  

> If  a child gets the new flumist vaccine from a school setting and

> their parents sign a form saying that the company nor the school

> district is liable should any adverse events occur to child or anyone

> else from said vaccine. Does that mean a totally unrelated child can

> get infected, suffer terrible effects and not be able to sue anyone

> for damages???

>  

>  

J. Krakow

Law Office of J. Krakow

225 Broadway

Suite 2700

New York, New York 10007

(212)227-0600 (voice)

(646) 349-1771 (fax)