Settlement in WA baby flu vaccination case

Written By Unknown on Jumat, 06 Juni 2014 | 12.21

A CONFIDENTIAL settlement has been reached between pharmaceutical manufacturer CSL Ltd and a five-year-old West Australian girl who became severely disabled after receiving a flu vaccination.

Saba Button was about to celebrate her first birthday in April 2010 when a GP injected a 0.25ml dose of CSL 2010 Fluvax into her left arm.

As a consequence of the vaccination, she suffered hypoxic brain injury and severe disabilities.

Her life expectancy has been significant shortened and she will require constant care for the rest of her life.

With her mother Kirsten Button acting as her representative, Saba launched proceedings against CSL, claiming substantial compensation for the loss and damage she suffered as a result of receiving the vaccination.

CSL filed a defence denying any liability to Saba and claiming that the State of Western Australia and the state's health minister were responsible for any compensation due.

CSL also cross claimed against the state and the minister for a contribution in the event its defence were to fail.

The State and the minister filed a defence to the cross claim denying any liability in the matter.

The claim and cross claim were privately mediated, resulting in the parties making a settlement deed.

On Friday, Federal Court of Australia Justice Michael Barker approved the agreement.


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