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Ash
Ash, Solicitor
Category: Law
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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: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

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

Expert:  Ash replied 1 year ago.

When did all this happen? Straight after the vaccination?

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year ago.
also) if it's short term why have I had those symptoms for over 4 years?
Expert:  Ash replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.

But you still need expert medical evidence regardless.

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

Customer: replied 1 year ago.
What kind of expert medical evidence? What should I be looking for?
Expert:  Ash replied 1 year ago.

One that specialises in medical negligence.

Alex

Customer: replied 1 year ago.
should I ask a solicitor that specialises in medical negligence or a doctor?
Expert:  Ash replied 1 year ago.

Solicitor that specialises in medical negligence.

Does that clarify? Alex

Customer: replied 1 year ago.
Can you tell me the things I should ask them and find out please
Expert:  Ash replied 1 year ago.

Do you specialise in medical negligence.

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

Alex

Customer: replied 1 year ago.
Can you recommend any solicitors. Also do you think I should see if they are AVMA approved?
Expert:  Ash replied 1 year 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 1 year ago.
Would you say 4 years is short-term or long-term?
Expert:  Ash replied 1 year ago.

Short. Alex

Customer: replied 1 year 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 1 year ago.

Yes it would.

Does that clairfy?

Customer: replied 1 year ago.
Am I out of time to make a claim?
Expert:  Ash replied 1 year ago.

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

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