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Court Fines Doctor Who Did Not Tell Patient Hepatitis B Vaccine Causes Multiple Sclerosis


Out of France (because we can't get REAL news in the United States, it seems)

Court Fines Doctor Who Did Not Tell Patient Hepatitis B Vaccine Causes Multiple Sclerosis


The civil judge of Bordeaux (CA November 14, 2012, No. 11/1179) criticizes the doctor who performed the various vaccinations (3 in number) have not previously informed of all the side effects and risks and in particular, the development of multiple sclerosis.

Therefore, if the doctor does not report evidence of this information (since the burden of proof lies with the health professional), he commits a foul.

To justify this decision, it is not based on Article L. 1111-2 Code of Public Health but on the breach of contractual obligations in accordance with the law "spouse Mercier" and Article 1147 of the Civil Code.

And the civil judge then makes an application of the recent case law of the Court of Cassation (1st civ July 12, 2012, No. 11-17510) as the State Council (EC, October 10, 2012, 350,426), assuming that the lack of information is now proven harm autonomous and must therefore be compensated.

This compensation is due though, and this was the case in our stop here, this fault did not lose the patient a chance to avoid the damage.

The lack of information is a source of autonomous moral damages must be repaired.

The uniqueness of this judgment, and who must therefore draw the attention of health professionals, it is no certainty had been established between the injection of the vaccine and the onset of disease.

In fact, the beam index (history, time between injection and onset) did not allow to establish such a causal link.

The patient has not been compensated on the basis of contamination by the vaccine, but the moral damage related to lack of information.

The doctor was still ordered to compensate the patient for a sum of 3,000 euros.

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