Tetanus Vax Reaction - A SLOW-ONSET TETANUS VACCINE REAC

[Guest guest]

Tetanus Vax Reaction - A SLOW-ONSET TETANUS VACCINE REACTION

Jan wrote to me early on in December of 2000 and

I linked her up with some others.

It is terrifying OUT THERE. She is not alone in

this story. I'm sure many of you can relate.

Also went thru similar on a minor scale with my mom this last year.

I encouraged her to see a homeopath, but don't think she did

Sheri

http://www.whale.to/a/tet2.html

MY STORY

A SLOW-ONSET TETANUS VACCINE REACTION AND

FILING FOR THE NATIONAL CHILDHOOD VACCINE COMPENSATION PROGRAM

By Jan DeGrandchamp

It was a beautiful fall day, the Friday after

Thanksgiving 2000, and the holiday was very

enjoyable. A few months earlier, I moved to a

small town in California to be closer to my

family. I started a new job and purchased a

small cabin. Most of my weekends were spent

camping, hiking, working on my house, or

volunteering at the local animal shelter. At age

54, I was very active and healthy. My hobbies

included singing, dancing, and cooking.

I was scheduled for an annual physical

examination with a new doctor. When I arrived

for my physical, my name was not on the

schedule. Because I had my appointment card with

me, they offered to " squeeze " me in-sadly, I

agreed. Then I had the fastest, high-speed,

15-minute physical I have ever had in my entire

life. The doctor barely touched me. During a

previous appointment, the Physician's Assistant

(PA) suggested that I have a Tetanus Td

vaccine. I had an infection at the time and felt

I should wait until my annual examination. The

PA suggested I have a Tetanus shot because I

couldn't remember when I had the last one, and

they were advised for people who lived in rural areas.

During the physical, we revisited the PA's

recommendation of a Tetanus vaccine and the

doctor stated emphatically that I should have

one. I didn't realize that she was simply

selling me a product, very much like cosmetics,

rather than caring about my health. She knew

that I had a recent infection and that my father

had passed away two months earlier. The

possibility that I could be physically

susceptible to any toxic substance should have

been apparent. I had not stepped on a nail, cut

myself, or done anything to warrant a vaccine.

After the nurse gave me the Tetanus shot, I felt

a strange tingling going up the side of my neck,

the same side as the injection. While making my

payment, I mentioned the tingling to the

receptionist. She did not answer me; she just

took my money. No one told me anything about

vaccine reactions or what to do if they

happened. I don't remember getting any

information or signing a release form. If I did,

it was a perfunctory task without any discussion

about what to do if a reaction occurred. No

blood tests were taken or ordered. Twenty

minutes later, I was in my car heading home.

Over the weekend, I felt exhausted and ached all

over. I stayed in bed, assuming that the pain

would go away. On Monday, even though still

hurting, I managed to go to work. My muscles

became very stiff with deep burning and stinging

sensations, especially when I moved. The pain

felt as if I were being stung by wasps or set on

fire. Even though the pain was severe, I did

everything possible to keep going. I just moved

very slowly. I took a lot of aspirin and very

hot showers for relief. The onset of my symptoms

was slow and sporadic, which made it very

difficult for me to understand what was

happening. I thought I was having a temporary

reaction to the vaccine or fighting a bug of some

sort. I am the type of person who rarely misses

work and will show up even when I feel sick, so I

kept going in spite of how I felt.

During my morning break, I would take a 15-minute

power walk around the industrial complex. I

stood up and noticed the burning sensation in my

thigh muscles had increased. My breathing became

labored and I could barely move. It was very

difficult to walk a few steps and I couldn't even

make it to the end of the building.

I called the clinic and scheduled an

appointment. During the appointment, I asked the

PA if the Tetanus shot could be the cause of so

much intense pain. He said that he had never

heard of this happening to anyone, as if it were

impossible. He ordered some blood tests and then

I was sent home to wait for an answer. By this

time, turning over in bed or standing up was

extremely agonizing. My body was limp and I was

absolutely exhausted. I knew that something was terribly wrong.

I called the Centers for Disease Control (CDC)

and asked them for information about vaccine

reactions and if they could recommend any

treatment protocol. They referred me back to my

physician and offered no assistance. They said

that they did not have any information or data on

vaccine reactions because they do not

occur. This was not what I wanted to hear! I

wanted to be able to take something to my doctor

so that we could handle the problem together. I

seemed to be bothering them by asking for help.

After a few days, I called the clinic back and

asked for the results of my blood tests. I asked

if someone could please call me back because it

was very important. The office staff said that

the PA or a nurse would get back to me right away

and that my chart would be put at the top of the

call-back file. After seven polite phone calls,

I realized that no one was ever going to return

my calls. The fact that I even suggested the

Tetanus shot may have caused my symptoms probably

made they flag my file. I called my HMO to let

them know what had happened and asked for a new

doctor. Here's a news flash-company policy

states that a patient cannot see a new doctor

until the beginning of the next month. I had to

wait three more weeks to see a new physician.

A few days later, the pain began to increase. I

called the HMO again to see if I could go to the

Emergency Room near my job. Yes, I was still

trying to work. It sounds crazy, but I am very

determined when it comes to keeping my

commitments. Actually, my employer was very

understanding and let me sit at my desk all day

and do very little. The HMO told me to call the

administrative offices of the old clinic and ask

them where the nearest Emergency Room was

located. Technically, I was still under their

care until the end of the month. A clerk said

that since my condition was not life threatening

(how she knew that, I will never know), I could

not go to the Emergency Room and I should go to

Urgent Care instead. That was a drive of over an

hour to a different county. Even though I felt

as if I was going to pass out, I got in my car

and drove the 80 miles and somehow found the

facility. My legs would seize up and become very

stiff. I would have to lift them with my hand in

order to use the brakes or change gears. It is a

miracle that I didn't have a traffic accident.

In hindsight, I realize that I wasn't thinking

very clearly, which was a large part of my

illness. Mentally, I was very confused and being

assertive took too much energy. The fatigue and

exhaustion diminished my ability to make logical

decisions. All I knew was that I hurt, but I

didn't know what to do about it. I felt as if I

was wandering through a foggy maze of rules and

regulations while totally disoriented.

Foolish me-I thought the Urgent Care physician

would see my pain. After telling him how much I

hurt, he said it was only stress and that I

should relax and maximize my food intake. Stress

does not cause excruciating, burning pain! He

said that once I relaxed, the soreness would go

away. Since I still had not heard from the

original clinic about my blood tests, the Urgent

Care physician called them for my results. They

were normal. He could not understand why the

clinic would not let me know the results without

making another appointment-and he did not

understand why I was given a Tetanus shot. There

was absolutely no medical reason to give me

one. His diagnosis was " general malaise " - a

catch-all phrase for tiredness and stress. He

prescribed a sleep aid and sent me home. I felt

very discouraged because this physician could not

see how much I hurt. He seemed oblivious to how I felt.

Several days later, I talked to a nurse from the

original clinic about my blood work. Her reply

was, " Hon, if you were sick, the doctor would

have called you. " I tried to explain to her that

normal test results and my symptoms could be two

separate issues, but she was not interested in my

opinion. The following week, the doctor called

me because I had complained to the HMO about the

seven unanswered phone calls. She said that

since I did not say I was in pain, no one

returned my calls-even though I was told that

someone would. Not once during this conversation

did she ask my how I felt. I reminded her that I

was still in pain, but she never answered

me. Each one of these negative encounters was stressful and frustrating.

The slow-onset reaction to the vaccine was even

more confusing. My symptoms were sporadic,

migrating throughout my body, primarily

upward. After a shower and aspirin, I could

function. Once I had some lipstick on, I only

looked tired to most people. Bizarre sensations

began to show up all over my body. My jaw felt

as if someone were pushing it from underneath and

applying pressure. Besides the deep burning and

stinging, it felt as if I was being stabbed by an

ice pick in different parts of my body. These

stabbing sensations were rapid and very

severe. Noises would cause me to jump in alarm

and I would gasp for breath. My hands and wrists

became limp and it was very difficult to hold any

type of object; my coordination diminished rapidly.

When the pain subsided, I could move around and

accomplish basic tasks. Then, my muscles would

seize up and I had to stop and rest. I would

improve slightly and then regress into a very

weak, fatigued state. The aches and pains

evolved slowly throughout my body and it was very

difficult to explain these odd sensations. My

clinic had no experience with vaccine reactions,

therefore, I was not diagnosed correctly-in fact, I wasn't diagnosed at all.

By the end of December, my symptoms increased and

they migrated upward into my arms and

shoulders. My hands would contract and they

curled toward my forearms. I would have to sleep

on them to flatten them out. I had a lot of

difficulty doing anything that required

coordination. I could barely cut my food; my

hands would flail, and I would drop

everything. Dishes and glasses seemed to fly out

of my hands. I was absolutely exhausted and I

walked like a drunk-staggering, wobbling, and

falling down. Standing was very strenuous and my

legs felt as if they were made of cement and

stairs became impossible to climb. Sometimes, I

would have to stop and try to catch my breath because I felt winded.

At the beginning of 2001, I started to keep a

journal of my physical symptoms. Something told

me that I had better write everything down for

future reference. I worked at a hospital for

seven years and understood the importance of

documentation. The only pens I could use had to

have ink that flowed easily because I dropped

them if I applied too much pressure. It was hard

to find the right words and I would transpose

them, much like dyslexia. My daily journal

became a repetitious log of agonizing symptoms,

challenges, confusion, and child-like writing.

Desperate for help, I looked on-line for

information about vaccine reactions. I found a

web site that explained the Vaccine Adverse Event

Reporting System (VAERS). When I called my

medical clinic and asked them to report my

reaction, they said they did not have a

" protocol " in place for filing the form. I had

to get the form myself, fill out the sections

describing my symptoms and personal information,

and then I had to take it to the clinic so that

they could compete their portion. It is

ridiculous when a patient has to initiate and

carry out a medical office function, especially when extremely ill.

In January 2001, I finally saw a new

physician. He was a family practitioner

associated with a large clinic in Los Angeles

County. He did not have any vaccine-reaction

experience, but at least he listened, researched

the web, and tried to find some answers. He

really was not sure what to do and tried his best

to understand and observe my progress. I had so

many strange symptoms that it was difficult for him to document all of them.

My on-line search put me in touch with a woman

from Germany who had a Tetanus reaction seven

years earlier. We found a woman in Arizona who

had her vaccine in April (7 to 8 months before my

shot), and then we found others who had reactions

either from a Tetanus shot or from other

vaccines. Many of our symptoms were the same, but with slight variations.

The woman in Arizona suggested that I get a

Tetanus Toxoid IgG test, so I requested one from

my doctor. Her results were elevated at over

7.0; mine showed a level at 6.26. My physician,

however, was unable to explain to me what the

results actually meant other than I had a

reaction to the shot. It is my understanding

that after two weeks our levels should have been

closer to 1.0 rather than at these high levels

after a month or two. Our test results showed

that we had high levels of Tetanus Toxoid in our

systems, much higher than normal.

What seemed clear to us was that physicians have

a lot of difficulty diagnosing these rare and

complex disorders. I kept looking on-line for

more clues about Tetanus vaccine reactions so

that I could get some help. There were several

cases that listed some of my symptoms, but no one

case had all of them. This one was the closest:

Reference is made to an article in the Journal of

Neurology, 1977, entitled " Unusual Neurological

Complications following Tetanus Toxoid

Administration. " The author reports a

36-year-old female who received tetanus toxoid in

her left upper arm following a wound to her

finger. Five days later, she noticed a weakness

first of the right and then of the left and later

of both legs. She complained of dizziness,

instability, lethargy, chest discomfort,

difficulty in swallowing, and inarticulate

speech. She staggered when she walked, and she

could take only a few steps. Her EEG showed some

abnormalities. After a month, she was discharged

without neurological disturbance, but she

continued to feel weak and anxious. Examinations

during the next 11 months showed continued

emotional instability and some paresthesias

(numbness and tingling) in the extremities. The

medical diagnosis was " a rapidly progressing

neuropathy with involvement of cranial nerves, myelopathy, and encephalopathy.

I showed this summary to my physician and asked

for a consultation with a neurologist.

In late January, I experienced a very frightening

episode. My head felt as if a brick were

pressing on it and I became very

disoriented. The pressure was very strange and

it threw me into a state of confusion. That was

my last day at work-I just couldn't continue to

struggle anymore and I was so dazed I barely knew

where I was. My attendance was getting worse; I

was absent more than I was present. I remember

going to my doctor's office to get the disability

forms, but I do not remember much more than

that. Months later, I realized that I picked the

wrong day to have this happen. It was my

physician's day off and it was the lunch hour. I

told the clerk that I didn't know where I was and

that I was having trouble filling out the

forms. She helped me by correcting my

mistakes. If I had known that Urgent Care was

only two doors away, I would have gone there and

been evaluated. I do not remember talking to my

employer or the 45-minute drive home. This was

very dangerous. Truly, the " lights were on and no one was home. "

In February, I finally saw a neurologist. Was

that upsetting! To say that we did not

communicate is an understatement. He ordered an

MRI to rule out Multiple Sclerosis and some of

the other common neurological disorders, which I

did not have. When I asked if he had a prognosis

or diagnosis, or what he thought about vaccine

reactions, he snapped at me and said that I

probably had some virus. Then, he stomped out of

the room. He prescribed a muscle relaxant and

took some notes, but that was all he did.

His disapproving attitude increased my stress

level and eroded much of my confidence. I could

not understand why anyone would treat me this

way? I felt devastated. He was the " expert, "

but he talked down to me as if I were stupid. I

asked him if I needed additional tests for my

nerves because I felt as if they were " shot. " He

said that I did not need any other medical

assessments and I did not need to see anyone

else. I began to understand that he did not know how to manage my case.

He prescribed Neurontin, an anti-seizure

medication that is one of the standard treatments

for multi-symptom nerve pain. It seemed to

reduce the flailing and jerky motions, and some

of the body aches. At that time, I really did

not like taking it. Adding medication on top of

my confusion made it difficult for me to know if

the prescription was working or not. It did not

help with the staggering and wobbling. It did

not reduce the numbness or tingling in my limbs

or the humming and vibrating sensations that I

experienced when I would lie down.

By this time, I could no longer lift my arms over

my head. It seemed as if my muscles stopped

working and there was a lot of resistance along

with the pain. Washing my long hair was very

taxing and I was left with a tangled mess

(dreadlocks, but not by choice). I had to cut it

very short in order to keep it clean. I felt

alone and depressed. Some nights were terribly

frightening, especially in the beginning. The

one time I thought about calling 911, the snow

was too deep for anyone to get to me. I just

stayed in my bed, coping the best I could. I

called my family for reassurance, but they really

couldn't help very much. Basically, I was on my

own-I realized that being ill is very lonely.

The other Tetanus victims were my biggest

support-talking with someone who understood how I

felt was incredible. We all had a lot of

difficulty communicating with our physicians. It

did not seem to matter how often we said that the

Tetanus shot caused our symptoms. If the doctor

or nurse did not agree, it would not be written

in the medical records. If these complaints were

not documented, they did not exist. This was a

huge lesson. We had the vaccine-we got sick. Were we missing something?

Using the Freedom of Information Act, I sent a

request to the FDA to get a list of the adverse

reactions reported for my vaccine lot

number. The Center for Biologics Evaluation and

Research sent me the results. This information

is available on-line as well, but only after two

years have passed. Anyone can request the

results for their vaccine after filing a VAERS

form and submitting a written request. I was

curious to know if anyone else had experience a

reaction, which they had, and I knew that this

information might be important in the future.

The National Vaccine Information Center (NVIC)

sent me a booklet that describes the National

Childhood Vaccine Injury Compensation Program

(Program) and a list of attorneys who specialize

in vaccine cases. Since vaccine cases are

deliberated in the Federal Court system, the

attorney can be from any state. I wanted to find

someone in California because that was where I

lived. If I had to meet with my legal

representative, it would be at least feasible.

The first attorney I called said that he would

help me fill out the forms, but he did not want

to bother to submit the application or represent

me because these cases were too difficult to

win. He said that doctors and witnesses did not

want to get involved in time-consuming legal

cases that were seldom won. Only a few law firms

accept vaccine cases because they are so

complicated. From the start, I knew that my

chances of being compensated were very

low. However, I have a stubborn streak and was

determined to prove that I had experienced a vaccine reaction.

I persisted until I finally found an attorney who

seemed to understand what I was saying. He had

years of vaccine litigation experience and

questioned me thoroughly before taking my case.

He was very compassionate and gave me a lot of

personal attention throughout the litigation

process. This was a very emotional experience

and I felt fortunate to have someone who

explained the process to me. The government

compensates the attorney once the case has been

decided, whether it is won or lost, as long as it

was filed in good faith. Therefore, I did not

have to put up a large sum of money to undertake

this process. My first job was to prove to my

attorney that I really did have a reaction and

that it lasted longer than six months. This is

where my journal was useful because it helped me

remember the timeline of my symptoms.

My primary-care physician agreed that I should

get another neurologist, especially since I fired

the first one. Seven months after receiving the

Tetanus shot, in June 2001, I was finally able to

see a qualified neurologist. He was very kind

and did his research regarding vaccine

reactions. My attorney advised me to take a

summary of my symptoms with me to the

appointment. It described all of the symptoms

that I experienced within the first 72 hours

after receiving the vaccine and how I felt

currently. I found this list of symptoms helped

my physician understand what I was trying to

say. It was also very important to have all of

my symptoms documented in my medical chart.

After a thorough neurological examination, the

doctor agreed that I had experienced a vaccine

reaction. He made the diagnosis of " autoimmune

peripheral neuropathy " due to the Tetanus

shot. He described it as a variant of

Guillain-Barré Syndrome, a documented vaccine

reaction that is often misdiagnosed. He said

that I had an " ataxic gait " and axonal nerve

damage. He explained that my nerves were damaged

and that they might regenerate in a few years. I

just had to wait until my body healed. Finally,

I had a diagnosis! My attorney then had the

confidence to go forward and create the Affidavit

needed to file for the Program. He was very

familiar with my symptoms, too, since he had

heard them from some of his other clients.

In 1986, the Program was set up by the Federal

government to help children who had vaccine

reactions. Though Tetanus shots are listed as a

childhood vaccine, I could still file for the

Program even though I am an adult. Applying is

not as simple as it sounds. It was a shock to

learn that it is such a difficult process with an

enormous number of requirements. Remember, I was

not suing anyone-I was only applying for a

government program. This is total litigation-to

the fullest extent. Taking on the government is

similar to playing in the major leagues. That is

why it is very important to have an attorney with

vaccine litigation experience.

The Department of Health and Human Services

(DHHS) oversees the Program and they are the

" respondent " in the case. They have an arsenal

of attorneys who are hired specifically to prove

a " petitioner " (the sick person) wrong. A

" Special Master " (judge), who is employed by the

federal government, is assigned to each

case. The burden of proof is on the

petitioner-the person who is ill, or the parents

of sick children. I had to submit 10 years of

medical records and countless documents that described everything about me.

Most cases are automatically denied, no matter

how severe the reaction. After my initial

denial, I had to gather more evidence. It was

very difficult for me to duplicate all the

paperwork that was needed and then go to the post

office and mail it. Keep in mind I hardly knew

what planet I was on, and physical activity was

very exhausting. Most days, it was a challenge

to get up and dressed. Some days folding a

blanket makes no sense to me, let alone

assembling documents in any logical order. It

was a process intended to prove that I was wrong

or that I was lying. Believe me-the experience

was very painful, emotionally and physically.

The petitioner must be able to provide enough

supporting documents so that the attorney has

sufficient evidence to prove the case. No

attorney can be expected to do all of the work

necessary to win. Litigation requires an

incredible amount of work by both parties. The

petitioner must be prepared to expose his entire

life to the courts. All of the documents are

read by a countless number of people-attorneys,

clerks, physicians, and judges. They knew

everything about me. I felt more like a criminal

than someone who needed help. It was not as if I

were trying to steal their money. I have worked

all my life, paid my taxes, and sworn my allegiance to this country.

By August, my finances were getting desperately

low. I was collecting Unemployment Insurance,

but no one would hire a cripple. I did what I

had to do to survive. It became necessary for me

to sell my house, which by some miracle I was

able to accomplish. This was a terrible loss to

me. I had already lost my health, my job, my

insurance, and now my home. A few more months

and I would have gone into

foreclosure. Thankfully, my mortgage broker and

escrow officer did most of the work. I left all

my furniture and appliances behind and moved in

with relatives until my " trial " in

October. Without the money from the house or my

family's help, I would have ended up in a homeless shelter.

The government has hired expert witnesses to help

deny vaccine-injury claims. These witnesses

receive large medical grants from the government

to undertake their research, so I doubt that they

want to " bite the hand that feeds them. " My

neurologist decided to administer a nerve

conduction study, the results of which

demonstrated abnormalities due to nerve

damage. In an attempt to discredit my doctor,

the expert witness for the DHHS said that the

test should have been performed in an academic

setting rather than in a private office. He

denounced the test results, as if they were

frivolous. Therefore, the government's attorneys

stated that they were unacceptable.

My attorney requested that the same test be

performed at the University of California at Los

Angeles (UCLA). A world-renowned neurologist,

recognized for his expertise in nerve conduction

studies, was asked to administer the test. The

government said that the ULCA physician could not

write a medical opinion about the

results. Doesn't this sound a little

strange? One of the top experts in the field and

his opinion was not important. My attorney and

I objected, of course. During the examination, I

was not allowed to volunteer any information

about my case; I could only answer questions if

asked. I was so afraid that I would say or do

something wrong. The results of this test were

abnormal and confirmed my neurologist's

conclusion. This was the additional proof that we needed.

It seems very logical to have a second opinion or

additional medical tests so that a patient will

receive appropriate medical care. However, this

test had nothing to do with medical care. This

was legal strategy. The government was

determined to prove me wrong and it has the money

to do so. My attorney considered the UCLA test a

very high-risk tactic because he could not be

sure what it might prove. I was not going to

UCLA get any medical care-I was going there as part of a legal objective.

The trial was scheduled for October of 2002. The

government made me a pre-trial settlement offer

of $5,000. I was stunned that they could put

such a low value on someone's life, so I turned

it down. The trial was conducted by means of a

telephone conference call. The Special Master

assigned to my case flew from Washington, DC, to

Los Angeles and directed the proceedings from a

conference room near the airport. My attorney

and neurologist were in attendance. We chose my

neurologist for our expert witness because he was

familiar with my case and I knew that he cared about me.

The other telephone-conference participants were

the DHHS attorney and the government's expert

witness, a neurologist associated with a

well-known university. In reality, it was my

doctor who was on trial because he had to prove

he knew what he was doing. Keep in mind that he

is a licensed physician with admitting privileges

at an accredited hospital. In order to have

hospital admitting privileges, his credentials

were examined thoroughly. Under California State

law, he is required to participate in

continuing-education programs so that he knows the current medical treatments.

The trial took about four hours, during which

time I was not allowed to say anything. The

judge asked me a couple of " off the record "

questions prior to the trial, specifically if I

was the one who filled out the top part of the

VAERS form. He said that he knew the clinic had

not filled out that portion of the form because

he could read it. He laughed about it and I

believe that he was concerned that the

information was correct. After that, I had to

remain silent while these people argued about the

case. The PA at the original clinic had written

in my chart that I was neurologically

intact. The government used that statement as

compelling evidence that I had not experienced a

vaccine reaction-a neurological assessment made

by someone who admitted he had never even heard of a vaccine reaction.

The trial was an expensive endeavor; in fact, I

am sure the entire process was expensive. I

believe that it was very important for the

Special Master to see my witness and attorney

face-to-face, but no one was interested in seeing

me. It was my doctor and attorney who had to

represent my physical condition and mental

character to the Special Master. No one else

that was involved with these proceedings, even my

attorney, ever saw me. Fortunately, he and I had

many long conversations and I felt that he had

taken the time to get to know me. The other

participants only reviewed my medical records and

discussed their impressions.

The Program was written so that specific vaccine

reactions will be compensated, which increases

the difficulty to win these cases. The narrower

the definitions of possible reactions, the more

cases will be eliminated during the legal

process. The Tetanus vaccine-related injuries that may be compensated are:

" Anaphylaxis or anaphylactic shock, brachial

neuritis, and any acute complication or sequela

(including death) of an illness, disability,

injury, or condition referred to above which

illness, disability, injury or condition arose

within the time period described. "

Since physicians may have different

interpretations or diagnoses for the same

symptoms, or they may not even recognize vaccine

reactions, the government is able to eliminate many of these cases.

Axonal nerve damage happens when the myelin

sheath is injured, however, I did not have any

physical proof of this because my first

neurologist refused to conduct the appropriate

tests, even when I asked for them. Adequate

health coverage does not guarantee high-quality

results. Two of the other Tetanus victims were

being treated by a university medical facility

and a major health clinic and they received only

minimal care. By the time of the trial, I could

no longer afford medical insurance or expensive

medical tests, such as a nerve biopsy, which

could have provided more proof of my nerve damage.

After the trial, the Judge recommended that a

settlement be considered. The DHHS attorney

requested more documents-I could not seem to

satisfy them with enough paperwork. They said

that we had not proven our case, but they needed

more information. While we were waiting for the

Judge's decision, the government made another

offer of $15,000. I felt that my life was worth

more than the price of the average car and I told

my attorney that I thought the amount was

insulting. He was a little unsure about my

decision. If we lost the case, I would get

absolutely nothing. If I accepted their offer,

at least I would get something.

My odds would have been better at a Las Vegas

casino. This strategy puts a petitioner at a

very significant disadvantage. This is a very

adversarial relationship because the government

does not work with a petitioner to solve the

problem. It tries very hard to prove them

wrong. The choice is to accept the pittance they

offer or try for more money. For most people, it

takes years to get to this point, and it is

easier to give up rather than to continue to

fight. Since we did not agree on a settlement

amount, the Special Master chose to resolve the case and write a Decision.

The whole process is lengthy and intimidating,

and when someone is ill, it is even more

difficult. The Vaccine Courts require very

detailed information about a petitioner and

scrutinize all documents thoroughly. I applied

for Social Security Disability (SSD) because I

was disabled and entitled to assistance. I

needed a back-up plan to survive financially

since there was no guarantee that I would win my

vaccine case. Money wasn't exactly falling from

trees and there is something about eating that I

seem to enjoy. All my SSD documents had to be

submitted to the Vaccine Courts. My attorney

suggested that I retain a law firm that

specialized in SSD applications because he was

not familiar with the process. This is another

reason why so many physicians and attorneys do

not want to get involved in these drawn out

cases. Now, I had to duplicate everything so

that both law firms and DHHS were fully

informed. SSD requires specific medical

appointments and psychological evaluations, the

results of which had to be forwarded to the DHHS attorney.

Under the Program, a claim must be filed within

three years after receiving a vaccine. The

process can take years, but it must be completed

before suing a physician or the

manufacturer. Then, it could take another five

years to finish those cases. Who has the time,

money, or energy for years of legal

proceedings? How is someone supposed to do this

when their only goal should be to get

healthy? To me, this is an absolute crime. The

government and pharmaceutical companies have the

time, resources, and attorneys to litigate these

cases. What does the patient have?

After the trial, I found a place to live and

waited for the results. I lived on the money

from the sale of my home, but I still had not

been approved by SSD. The stress and tension was

really starting to get to me. In November, while

walking in my apartment, my legs gave out and I

collapsed. I called a community medical clinic

and managed to get an appointment. They helped

me get a grant for Neurontin, which I had stopped

using. It is an expensive drug that I could no

longer afford. They also recommended large doses

of Motrin and Tylenol for the pain. By now, I

was taking too much aspirin, so it was time to

stop before I developed other complications. I

was scared that I was getting weaker and

weaker. If I stayed calm and quiet, my pain and

symptoms were less intense, but when stressful

situations arose, such as moving and legal

proceedings, my symptoms increased. My legs were

very weak and it was absolutely impossible for me

to walk without a cane-I couldn't even walk around one block.

My SSD was finally approved, but I still had to

wait for the vaccine case to be resolved. My

attorney was starting to wean me in the event we

lost the case, which was highly probable. He

kept reminding me that very few people actually

win. I was beginning to feel that it was time

for me to move on with my life and accept the consequences.

In May of 2003, my attorney called and let me

know that I won my case. He was practically

doing cartwheels, but I had no idea what it

meant. Besides, by that time I was pretty numb

emotionally. My feelings had flat-lined after

months of being in a constant state of

disappointment. He sent me a copy of the Special

Master's Decision, which stated:

" The issue in this case is whether the injuries

alleged by Petitioner, Miss Jan DeGrandchamp,

occurred as a result of her tetanus-diphtheria

(Td) vaccination administered on 24 November

2000. Specifically, Petitioner alleged brachial

neuritis, anaphylaxis and peripheral neuropathy

as sequlae to the Td vaccine. The Court finds

that Petitioner did not meet her burden by a

preponderance of the evidence concerning her

claims of brachial neuritis and

anaphylaxis. However, the Court finds that it is

more likely than not that Miss DeGrandchamp did

suffer peripheral neuropathy as a result of the Td vaccine.

Petitioner provides medically plausible

mechanism, an autoimmune response, for Miss

DeGrandchamp's injuries. The onset of her

maladies was temporal to the administration of

the Td vaccine. The medical records indicate

that doctors searched for other causes for

Petitioner's symptoms but found none. Although

both medical experts are eminently qualified,

only Dr. H, Petitioner's expert, performed a

face-to-face evaluation of Miss

DeGrandchamp. Finally, Dr. H's concern that the

medical records indicated only subjective

findings was allayed by the objecting findings of

the two nerve conduction studies. Thus, the

Court finds that Petitioner has proved by a

preponderance of the evidence that the Td vaccine

that she received on 24 November 2000 was more

likely than not the cause of the peripheral

neuropathy she suffers until this day. "

This decision entitled me to an award under the Vaccine Act.

Then another roller-coaster ride started. There

were more status conferences with my attorney and

the DHHS attorney. After the Judge issued the

Decision, DHHS said that we had not proven that I

was permanently disabled. According to Social

Security, another division of the federal

government, I was permanently disabled and they

were sending me a monthly check for that

disability. According to DHHS, that was not

adequate proof. It was a constant battle to

stand up for my rights and fight for my beliefs.

At first, my attorney thought that the judgment

would make me whole, as in most

lawsuits. Therefore, he asked for a generous

settlement. Then, DHHS asked me to provide more

documents about earnings and expenses-ten years

of taxes and medical expenses. These demands

were exasperating and frustrating. Jump-how

high? They have the power to ask for anything

they want, and they always want it right

now. They asked for estimates of my current and

future insurance expenses. Since I am considered

" disabled, " I cannot be insured. My Medicare

coverage would not start until another year, so I

had to be careful not to get sick. SSD is

considered taxable income, so the prorated amount

was deducted from my settlement.

In late September of 2003, I finally agreed to a

figure that was much less than the original

amount my attorney requested. I was up against

another wall. My options were that I could

continue to fight for more money, which could

take another year or two, or take the

settlement. If we continued, the Special Master

could reduce the amount I was offered if he felt

like it. What choice did I have? I was too

tired to fight anymore-and that is exactly what

they wanted. I did not have the energy or finances to continue.

Even after agreeing to an amount, there was still

more waiting. It would take months for approval

by a DHHS supervisor, followed by Court

approval. In January of 2004, I signed a

" Stipulation " that re-stated the agreed

amount. I started to believe that I may finally

get some money, but I also knew that it would

still take a long time. If anything happened to

me while waiting to be compensated, no one in my

family would have any claim to it. The

government would just keep it. I just had to be

very patient. Finally, in April of 2004, I

received a check from the US. Treasury

Department. By this time, my enthusiasm was

pretty low and I found it very difficult to

understand and accept the whole process.

After all of this, the only conclusion that I can

make is that there really isn't anything special

about my case. It is a documented fact that a

certain number of people react to vaccines-and I

was one of them. My reaction is considered a

statistical probability-the " one in a million "

that just happens. Of the small percentage of

people who experience vaccine reactions, an even

smaller percentage will be able to apply for the

Program. They lack the appropriate medical

assistance and documentation. In my group, only

one other woman filed. We both gathered as much

evidence as we could, however, I won and she

lost. Her case was denied because her medical

records did not provide enough evidence that the vaccine caused her injuries.

I won my case was because I refused to allow the

federal government to treat me as if I were

worthless. I know that I have rights-the right

to choose, the right to be informed, and the

right to be treated with respect. After more

than three years, I was compensated for my

reaction to a common inoculation. Many cases

take much longer than this, often without success.

I learned some valuable lessons, but they were

lessons of pain and struggle. I will never be

the same. My muscles are still stiff and always

ache. I cannot raise my arms over my head

without feeling pain, and I wobble and lose my

balance when I walk. I wear a medical alert tag

that says " no vaccines " so that I will not be

given a Tetanus shot if I am in an accident. I

am getting stronger every day and I know that I

will eventually get better. Someday, I will dance again.

-------

Jan DeGrandchamp was born in Santa Barbara,

California. After attending local schools, she

obtained an A.S. degree in Business and

Management. She was employed as an

Administrative Assistant for various businesses

in California and Oregon, including a community

hospital and a major film studio.

Music has always been one of her favorite

pastimes, especially gospel music. She sang and

danced with Della Reese's church choir in Los

Angeles, California, for over two years. Her

other hobbies included camping and hiking, all of which she has stopped.

Currently, she lives near Portland, Oregon, to be

close to her son. Her illness has forced her to

move several times. Next year, she hopes to find

a more permanent residence. She spends most of

my time trying to improve her health and singing in a small, sit-down band.