Seizure disorder Dravet syndrome first judicially recognized as vaccine damage

LSG Munich recognizes seizure disorder as a vaccine damage Dravet syndrome
(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 Bayerische Landessozialgericht (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 contributory cause
The 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).

Picture: Kzenon - fotolia

In the decisive case, a boy born in 2000 had received a six-fold vaccination in the third month of life. The used vaccine Hexavac was newly introduced in 2000 and was withdrawn from the market in 2005.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.

This was the LSG Munich now opposed. With his already published in writing judgment of 15 December 2015, it spoke to the boys care benefits. The vaccine is to be regarded as "a cause of mutation equivalent to the genetic mutation" for the disease.

The Munich judges relied on numerous medical statements and opinions. Thereafter, the mutation of the SCNA gene does not always lead to Dravet syndrome. In general, a triggering moment occurs. This is usually an infection, very often but also a vaccine.

Here was clearly the vaccination 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)