Medical neglect victim receives settlement

Date: Jun 11, 2014

The family of a five-year-old West Australian girl left severely disabled after a reaction to a flu jab have received a multi-million dollar compensation settlement with the vaccine's manufacturer and the state government.

At the age of 11 months in 2010, Saba Button suffered permanent brain and organ damage after being given a 0.25ml dose of CSL 2010 Fluvax in her left arm.

Earlier this week at the Federal Court in Perth, Judge Michael Barker ruled her disabilities were the result of the vaccination and that the state had acted too slow in reacting to the situation.

Judge Barker said health authorities did not act quickly to advise GPs of concerns surrounding Fluvax which potentially put hundreds of children around Australia at risk.

Health Minister Kim Hames suspended the vaccine just days after Saba's jab and as a result the drug has been banned nationally for children under five. Her parents Kirsten and Nick Button subsequently took legal action against the drug manufacturer CSL claiming Fluvax was defective.

The family sought medical compensation for Saba's pain and suffering, her disability and the costs to look after her around-the-clock.

Saba's father, Mick Button, told ABC that the compensation will be placed in a trust to ensure Saba's ongoing therapy and fund investigation into further medical assistance from both Australia and around the world.

"It's a relief to have the legal case behind us," he said.

"We now have the ability to be able to supply Saba with the care, the therapy, the equipment, all the things that she needs to give her the best quality of life."

Saba wasn't the only child in the country to be affected by the Fluvax vaccine. Hundreds of other children experienced adverse reactions after receiving the shot with many treated at hospital.

Medical negligence in NSW

If you or your child have suffered reactions to medical procedures or vaccines, you could be eligible for compensation.

Medical negligence claims can entitle you to a wide number of different compensation packages. This can include compensation for economic losses such as loss of wages and superannuation.

You can also claim for costs of past and future care that you have needed since your injuries. These types of claims are usually very complex, so it is suggested that you seek legal advice from a lawyer.

Call our expert medical negligence lawyers today for free over-the-phone advice on our Free Call Number, 1800 004 878.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.