The Ministry of Health and Welfare has to pay NT$2.09 million (US$68,635) in vaccine injury compensation after a young man died of alleged side effects from a flu vaccination, the Supreme Administrative Court ruled on Friday.
In November 2009, the then-16-year-old boy, surnamed Chen (陳), had received a novel influenza A (H1N1) vaccination at the Chiayi County vocational high school where he studied.
After the vaccination, Chen’s face and eyes began swelling.
Even though the school reported the case to the county health bureau and his parents took him to several hospitals for treatment, the cause of his symptoms was not identified.
He took prescribed steroids and allergy medication for about two years and continued to suffer from headaches, before he in May 2012 suddenly lost consciousness in the student dormitory.
He was taken to Taipei Veterans’ General Hospital, where he was diagnosed with acute disseminated encephalomyelitis (ADEM), an autoimmune disease marked by intense inflammation of the brain and spinal cord.
His condition rapidly worsened during his stay at the hospital until he died from sepsis in August 2012.
Chen’s parents claimed vaccine injury compensation from the ministry, but their claim was rejected because its review committee thought the onset of ADEM should have occurred within about two weeks after the vaccination.
The parents filed a lawsuit against the ministry at the Taipei High Administrative Court, which they lost.
However, the Supreme Administrative Court ruled that, since the possibility that Chen developed ADEM from the flu vaccine could not be ruled out, the ministry must award the parents NT$2.09 million in compensation.
Centers for Disease Control Deputy Director-General Chuang Jen-hsiang (莊人祥) said that medical experts on the vaccine injury compensation review committee had determined that the condition was not caused by the vaccine, but the centers would respect the court’s ruling.
The centers yesterday said in a statement that while it respects the ruling, it felt sorry that the medical experts’ professional judgement was not supported by the court.
It also urged people to get flu vaccinations to prevent infections that could create a gap in the nation’s overall disease prevention.
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