The child had cerebral palsy, seizures and malnutrition after taking trivalent and polio vaccines
OR the federal government was ordered to pay R$200,000 in compensation AND minimum monthly salary pension to the family of A child who has had sequelae after taking the trivalent and polio vaccines. The victim, from Santa Rita, Paraíba, had a specific motor development disorder, as well as infantile and spastic cerebral palsy, convulsions and malnutrition.
According to the 6th College of the Federal Regional Court of the 1st Region (TRF-1), the child was born healthy and, at 6 months, after taking the vaccines, he began to have hangovers. Initially, the Union said the harm done to the child was not part of the immunizers’ chain of events.
The union also reported that all the necessary care had been provided, both in the application for vaccines and in the consultations to which the child was subjected shortly after the manifestation of the first symptoms. The child was treated in the health unit of the Municipal Administration of Santa Rita.
But the argument was not enough to convince TRF-1 of the lack of responsibility. On the other hand, federal judge Jamil Rosa de Jesus Oliveira found it “reasonable” to reduce the compensation for moral damage to the victim from R $ 400,000 to R $ 200,000.
“(…) the intensity and duration of the damages suffered by the plaintiff, the seriousness of the consequences, as well as considering the parameters adopted by the Courts in similar cases, I consider it reasonable to reduce the non-pecuniary damage due to the plaintiff by BRL 400 thousand to R$ 200,000, a sum that minimizes the damage it suffered, given the proven impossibility of neutralizing it,” he said in the decision.
As for material damage, the magistrate has set a minimum monthly wage, to “guarantee survival in a minimally dignified way”. The magistrate argued that, due to the manifestation of hangovers in psychic and motor functions, the victim is prevented from full development.
“(…) certainly having mobilized part of the family entrusted to their care in a limiting way, making it impossible for them to enter the world of work in the future”, he added.
OR Earth has asked for a Union position on the case, but, until the last update of this text, there has been no response. The space remains open for any possible placement.
Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
