( jur).Dravet syndrome can be recognized as a vaccine damage. The supply authorities can not refute this with the argument that the severe seizure disorder is due to a gene mutation, as the Bavarian State Social Court( LSG) in Munich ruled in a ruling announced on Wednesday, April 27, 2016( Ref.: L 15 VJ 4 /12).
In addition to gene mutation, vaccination was at least an equivalent contributor
Dravet syndrome is a rare but particularly severe seizure disorder in children, which also leads to developmental delays. As a rule, the disease is associated with the mutation of a particular gene( SCNA gene).
In the case in question, a boy born in 2000 had received a sixfold vaccine at the age of three months. The used vaccine Hexavac was newly introduced in 2000 and was withdrawn from the market in 2005.Reason, however, were not its side effects, but a possibly insufficient effectiveness.
Here was a severe seizure three days after vaccination. Many more seizures followed, sometimes with baby crying for hours or even more than a day. Even in the first year of age, a severe disability was found. Subsequent investigations revealed that the boy is suffering from Dravet's syndrome and has a mutation in the SCNA gene.
The supply authorities refused compensation as vaccine damage. The seizure disorder is essentially due to the gene mutation and not to the vaccine.
The LSG Munich now opposed. In its judgment of 15 December 2015, which had already been published in writing, it referred to the benefit of the boy. The vaccine was to be regarded as "a cause of mutation equivalent to the genetic mutation" for the disease.
The Munich judges relied on numerous medical opinions and opinions. Thereafter, the mutation of the SCNA gene does not always lead to Dravet syndrome. In general, a triggering moment is added. This is usually an infection, but very often also a vaccine.
Here was clearly the vaccine was the triggering moment. The weight of the vaccine for the boy's illness is therefore "at least as great as that of the genetic modification," according to the LSG.
The revision did not allow the LSG.However, the supply authority can appeal this to the Federal Social Court in Kassel.(mwo / fle)