Mother sues State after daughter given HPV vaccine in school

A MOTHER who did not consent to her 12-year-old daughter being vaccinated for the human papillomavirus (HPV) at primary school last year has sued the South West Regional Health Authority and the Attorney General for compensation.

The mother’s claim, which was filed electronically last week, said the child received the HPV vaccine at the school as part of the Ministry of Health’s expanded programme of immunisation.

The claim said the mother “expressly withheld her consent” for her daughter to be vaccinated, but on October 9, 2019, when nurses from the SWRHA went to the school, they “unlawfully and/or wrongfully and/forcefully and/or improperly” gave her daughter the vaccine.

The two ministries, which the claim alleged were liable, were sued via the AG.

The lawsuit maintained that the servants of the State administered the vaccine without patient or parental consent and failed to inspect the consent form which the mother signed withholding her consent.

It also said the nurses failed to listen to the girl when she told them her mother did not want her to be vaccinated with either the HPV or any other vaccine and the State failed to protect the child from reasonably foreseeable risk of injury.

In identifying the injury the child endured, the lawsuit contended she was “forcibly pierced” on her upper shoulder with needles. It also alleged the child was ridiculed and reprimanded for her mother’s refusal to consent to her being vaccinated.

The child felt humiliated, shocked, embarrassed and traumatised during the incident, it added. She also experienced pain and discomfort at the injection site and could not sleep comfortably for several days, also suffering from pain and shock.

The mother is seeking damages for trespass to the person and/or negligence, aggravated and/or exemplary damages and costs.

The mother and child are represented by attorneys Matthew Gayle and Jason Jones.