Legal Question in Medical Malpractice in New York

Is this really SIDS?

seven months ago my daughter passed away and the ruled it as SIDS, but I don't necessarily believe that was the cause. The Friday before she passed away she received an RSV shot and I really believe that the shot contributed to her having a fever of 103, which in fact contributed to her death. I told them I wanted an autopsy and when the autopsy results came back thats when I was told I had to put in a request for a copy which I still haven't received. Everything just seems weird to me and I want to know if I have a case or not.


Asked on 10/15/08, 5:43 pm

3 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Is this really SIDS?

You may have a case under the immunization act. This act provides compensation for those who have been killed or injured by the administration of immunization shots. In leiu of suing the physician who administered this shot or the makers of the shot, you can make a claim to Federal Government for cash benefits due to this terrible occurrence.

Very few attorneys know how to handle these case. And quite frankly, I do not know how to handle these cases either. However, an attorney whom I know has handled these cases in the past. Please contact my office and I would be glad to refer your case to him.

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Answered on 10/15/08, 5:51 pm

Re: Is this really SIDS?

Difficult and painful situation; my sympathies on your terrible loss. Autopsy reports do take time, although seven months is pushing it. Keep calling the Medical Examiner's office to see when the report is available. It may be that your daughter had some reaction to the vaccine, and this contributed to producing the symptoms that led to her death. An investigation would have to be made into the frequency of side effects, the FDA approval process, and whether the batch of vaccine was somehow contaminated or improperly manufactured, stored, transported, etc. A massive undertaking. That a tiny minority of persons react adversely to a vaccine, while the vast majority benefit, usually means the case will not be successful, in the absence of negligence. Best, M. E. Zuller

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Answered on 10/15/08, 7:48 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Is this really SIDS?

I am very sorry for your loss. It appears as though they are acting suspiciously. I would like to speak to you and obtain more information. At the very least I can obtain the records and autopsy to review it for you. Call me, Pasquale Calcagno, Esq. of Calcagno & Associates for a free consultation at 1(800)WE-FIGHT and visit us on the web at www.1800wefight.com. I look forward to speaking to you on this terrible tragedy.

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Answered on 10/15/08, 10:49 pm


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