Vaccination claim settlement approval: Claim likely to fail

Wrzesinski v Lukaszewicz [2015] NSWSC 1210 is a brief settlement approval judgment.

Mr Wrzesinski’s claim was that in August 1992, when he was aged 15, Dr Lukaszewicz negligently administered a flu injection with the result that he developed an encephalitic inflammatory response; that he also later received inadequate treatment; and that the result was that he suffered significant injuries and disabilities.

However there was some doubt as to the date of the fluvax and in any event the defendant denied negligence. It was said that the plaintiff suffered pre-existing and unrelated medical problems.

Before the hearing, a medical practitioner had provided answers to questions posed to the conclave of experts, which revealed that he had come to the view that Mr Wrzesinski’s injuries had not been caused by the vaccine. That left only one of the four experts on causation who took the view that the vaccine could have caused his injuries.

As the claim seemed likely to fail, a settlement was approved such that it was dismissed with no order as to costs.

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