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Positional asphyxiation (view source)

Revision as of 06:20, November 20, 2022

943 bytes added ,  06:20, November 20, 2022
Eighth Circuit
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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."
 
*''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."
 
*Lord v. Sec'y of HHS, No. 12-255V, 2016 U.S. Claims LEXIS 144, at *3 (Fed. Cl. Feb. 9, 2016) (relying on the above Nordwall decision) (mot. for review denied, 83 Fed. Cl. 477 (Fed. Cl. 2008)).
 
*Lord v. Sec'y of HHS, No. 12-255V, 2016 U.S. Claims LEXIS 144, at *3 (Fed. Cl. Feb. 9, 2016) (relying on the above Nordwall decision) (mot. for review denied, 83 Fed. Cl. 477 (Fed. Cl. 2008)).
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== Eighth Circuit ==
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The [[Eighth Circuit]] has never adopted positional asphyxiation as a cause of death.  Its reference to it as second opinion by an expert is illustrative:
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{{cquote|Post-mortem examination and testing revealed that Gilbert had a large amount of methamphetamine in his system and significant heart disease. The St. Louis City Medical Examiner's autopsy report categorized the manner of death as accidental and determined that the cause of death was arteriosclerotic heart disease, exacerbated by methamphetamine and forcible restraint. The autopsy report also noted that Gilbert had contusions and lacerations on his face and upper and lower extremities, a small contusion on his left shoulder area, and a fractured sternum. Lombardo secured a second expert report, which opined that Gilbert's cause of death was forcible restraint inducing asphyxia.}}
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''Lombardo v. City of St. Louis'', 38 F.4th 684, 689 (8th Cir. 2022).
    
== Fifth Circuit ==
 
== Fifth Circuit ==
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