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.
She is not alone in this story.

Sheri

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 a

"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.


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