Side effects of the H1N1 vaccine: delays in compensation



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He says he has no words. It shows itself Ahura deleted. More than eleven years after the fact, she is still awaiting compensation after the 2009 vaccination against the H1N1 flu that caused her narcolepsy-cataplexy, very disabling. However, it is the state that has to pay for it, because at the time of purchasing the vaccine, the French health authorities had undertaken to cover the cost of any side effects, which by the way was a beautiful flower offered. to pharmaceutical companies.

Today, perhaps 200 vaccinated people in France are affected by this disease (1). A drop of water compared to the 6 million people who have been vaccinated in France, not questioning the usefulness of this vaccination. However, this narcolepsy-cataplexy is not trivial. It is characterized by daytime sleepiness with uncontrollable sleep attacks and can also be accompanied by sudden loss of muscle tone (cataplexy), which can lead to falls.

Read alsoIndirect victims of the H1N1 flu vaccine compensated for the first time

Current causal data are relatively undisputed: they indicated a significant association between vaccination against influenza A (H1N1) and the onset of narcolepsy in children and adolescents aged 5-19 years, confirming a risk of 12 , 7 to 13 times higher to develop narcolepsy-cataplexy after vaccination.

“We don’t believe you, that’s what’s terrible”

Marie C. was vaccinated when she was in sixth grade. His parents were too, but they got nothing. Today he is 22 years old, after a master’s in law from the University of Bordeaux. And his life is now marked by this genetic misfortune. “After a few months I slept a lot in the classroom, but I thought I didn’t sleep long enough at night”, she says Publication. Only two years later the connection was established and has since been followed by Professor Yves Dauvilliers, a specialist in sleep disorders at the University Hospital of Montpellier.

Very quickly and quite logically, Marie’s parents initiated a compensation claim procedure before the National Medical Accident Compensation Office (Oniam). A priori, no problem. The procedure is amicable, as the state has undertaken to bear the cost of the compensation. For Marie, no one questions the causal link between vaccination and disease.

But now, everything drags on. Oniam initially refused to compensate, on the pretext that symptoms were not reported until two years later. “At first I didn’t realize it. I knew it would be long, but I didn’t think it would be that long, says Marie. We don’t believe you, that’s what’s terrible. ” Then it dragged on again. Then proceedings are initiated in the administrative court by his parents. Another two years. “Oniam decides to make a partial compensation proposal in September 2020 … Do you realize, ten years later, Marie snapped. And that’s not all. I am unable to give us a complete offer. We are asked for other papers. It’s hard. Let’s wait. I just got a hearing for December 8th. “

“Don’t be considered a victim”

“It’s really unbearable, s’agace Mis Charles Joseph-Oudin, who follows a hundred lines around the H1N1. Oniam often makes derisory proposals and we have to go before the administrative court to force them to compensate normally “. And this lawyer to give us three examples. In the MA case, Oniam proposed 166,000 euros, the administrative court valued the compensation at 1.3 million euros. In another case, Oniam would have done it “It refused to compensate on the grounds that the causation had been qualified as plausible by the experts, and the Office said it would only compensate if” very likely “.” Or in case O., where, according to the lawyer, Oniam refused to compensate because the vaccine is Panenza – the Office only agrees to compensate for the consequences of the other vaccine, Pandemrix. The administrative court finally ordered compensation.

Read alsoCovid-19: France clarifies its vaccine shopping list

Here. Marie is waiting. Every day he takes seven pills and, for ten years, he must have a rigorous hygiene of life to limit the loss of muscle tone. “I’m not going out. I always have to go to bed at the same time.” He admits he doesn’t tell anyone about his situation, at least not about his new friends. “I don’t want to be seen as a victim.” Then: “It amazes me that everything drags on.” To explain the slowness, Oniam replied publication that often issues of responsibility arose. For Marie, this is not the case.

(1) According to the National Medical Accident Compensation Office (Oniam), there are 173 claims, 105 of which are for narcolepsy. To date, 57 victims have been compensated.

Eric Favereau

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