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Positional asphyxiation (view source)

Revision as of 16:48, November 19, 2022

668 bytes added ,  16:48, November 19, 2022
→‎False basis for denying compensation for vaccine injury: another example
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As of November 2022, a total of about a dozen court decisions denied compensation for vaccine injury based on this [[fake science]], including:
 
As of November 2022, a total of about a dozen court decisions denied compensation for vaccine injury based on this [[fake science]], including:
 
*''Bohn v. Sec'y of HHS'', No. 16-0265V, 2021 U.S. Claims LEXIS 2005, at *22 (Fed. Cl. Aug. 23, 2021) (*Dr. McCusker concurs with Dr. Kohlmeier's determination that G.B.'s death resulted from "probable positional asphyxia.'").
 
*''Bohn v. Sec'y of HHS'', No. 16-0265V, 2021 U.S. Claims LEXIS 2005, at *22 (Fed. Cl. Aug. 23, 2021) (*Dr. McCusker concurs with Dr. Kohlmeier's determination that G.B.'s death resulted from "probable positional asphyxia.'").
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*''Vandergriff v. Sec'y of HHS'', No. 18-919V, 2019 U.S. Claims LEXIS 2320, at *11-13 (Fed. Cl. Dec. 31, 2019): "the Pentacel vaccine on March 28, 2017" and the infant "developed a fever that persisted until the day he died." But the court used "positional asphyxiation" in order to deny vaccine compensation "as a result of asphyxia due to crib positioning. ... [The pathologist]] determined the cause of death to be "positional asphyxiation due to prone sleeping position." ... The significant condition listed on the death certificate is "unsafe sleep position." Id. How the injury occurred is listed on the death certificate as "placed in prone position for nap."
    
== Fifth Circuit ==
 
== Fifth Circuit ==
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