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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can I sue the NHS from a Hepatitis vaccine? I had a

Resolved Question:

Can I sue the NHS for trauma from a Hepatitis B vaccine?I had a vaccination for Hepatitis B 4 years ago.
The vaccine resulted in serious reaction and occurrence of these symptoms
chills, muscle aches, nausea, joint pain, chest pain, back pain, abdominal pain, flu like feelings, constant tiredness. I've been suffering these symptoms on and off for the past 4 years:
As a result of these problems, I got angry, frustrated, unhappy, and even a little depressed, loss of enjoyment of life.
I was referred to a psychologist soon after I was admitted to a mental health hospital about 6 months after I had the vaccination.
The date when I first discovered that my injury was the result of clinical or medical negligence is February 2016 when I got out of mental health hospital for the second time.
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.

Hello my name is ***** ***** I will help you.

Are you saying they were negligent? Have you had a second opinion?

Expert:  Ash replied 6 months ago.

When did all this happen? Straight after the vaccination?

Customer: replied 6 months ago.
This happened a few weeks after the vaccination. I had those symptoms for over 4 years. Do you think the Hepatitis B vaccine influenced the immune response?
Expert:  Ash replied 6 months ago.

I am not a medical expert. Have you had a second opinion about whether they were negligent?

Customer: replied 6 months ago.
I asked the same question to a doctor on this site and they said...I am sorry but no you cannot sue the NHS The Hep B vaccine can cause some of these side effects short term. They are common side effects and to be expected. The vaccine does not cause any of these long term side effects. The clinic merely administered the vaccine. There is no clinical or medical negligence. I would look at other causes for your issues.I am still yet to get a reply for this question from them though
"Do you think the Hepatitis B vaccine influenced the immune response?"
Customer: replied 6 months ago.
also) if it's short term why have I had those symptoms for over 4 years?
Expert:  Ash replied 6 months ago.

If it happened 4 years ago then sadly you would be out of time. Under the Limitation Act 1980 you have 3 years to bring a claim for medical negligence. Therefore it would appear that your claim is out of time and statute barred.

If I am wrong about that then you would need to get a second opinion saying that the NHS were negligent. Unless you get this evidence then there is no claim.

If it went to Court a Judge would want an expert report saying the NHS were negligent, without this any claim would not succeed.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 6 months ago.
My date of knowledge is 2016, February 2016 is when I found out that the immune response is down to Hepatitis B vaccine.I have been suffering for 4 years of those symptoms. It's not short-term like they said it would be. Aren't the negligent for false advertising or false information?
Expert:  Ash replied 6 months ago.

Only if you get an expert report saying they have been negligent.

You MUST have that expert report. If not the claim will fail.

I asked when you had the symptoms was it right after - you said yes. This means you knew 4 years ago.

But in any event you need medical expert evidence.
Does that clarify? Alex

Customer: replied 6 months ago.
I had those symptoms straight after but they said it would be short-term the side-effects. 4 years later we know it's not short-term because I still experience those symptoms.
Expert:  Ash replied 6 months ago.

But you still need expert medical evidence regardless.

Do you understand that?
Can I clarify anything else for you?

Customer: replied 6 months ago.
What kind of expert medical evidence? What should I be looking for?
Expert:  Ash replied 6 months ago.

One that specialises in medical negligence.

Alex

Customer: replied 6 months ago.
should I ask a solicitor that specialises in medical negligence or a doctor?
Expert:  Ash replied 6 months ago.

Solicitor that specialises in medical negligence.

Does that clarify? Alex

Customer: replied 6 months ago.
Can you tell me the things I should ask them and find out please
Expert:  Ash replied 6 months ago.

Do you specialise in medical negligence.

If the answer is yes - then you can use them.

Alex

Customer: replied 6 months ago.
Can you recommend any solicitors. Also do you think I should see if they are AVMA approved?
Expert:  Ash replied 6 months ago.

No I am not allowed to. You can find local ones here:
http://solicitors.lawsociety.org.uk/

They do not need to be AVMA accredited.

Alex

Customer: replied 6 months ago.
Would you say 4 years is short-term or long-term?
Expert:  Ash replied 6 months ago.

Short. Alex

Customer: replied 6 months ago.
At the time of the vaccination I was suffering from a diagnosed mental illness which was anxiety which hasn't ceased.
Then when I was sectioned I was diagnosed with another mental illness which was Schizophrenia which hasn't ceased.Does the limitation period apply to me?
Expert:  Ash replied 6 months ago.

Yes it would.

Does that clairfy?

Customer: replied 6 months ago.
Am I out of time to make a claim?
Expert:  Ash replied 6 months ago.

Potentially yes. Which is why you need to see a Medical negligence solicitor. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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