Jet Injector Lawsuit?

[daveesl]

I'm one of those that fully believes he was infected with Hep C due to jet injector immunizations during boot camp. I have absolutely no other area of acceptable contamination history.

The VA claims division has been really tough on the thousands who have attempted to claim this connection. There have been a limited number of "wins" in this area, but not many. The VA uses the arguments that Hep C could come from the following...

1) IV Drug use

2) Transfusions

3) Sharing Razors

4) Sharing toothbrushes

5) Unprotected sex

6) Snorting cocaine

7) Needle pricks with health care workers

Assume all of those are true, regardless of how remote the possibility (such as toothbrushes and sex). What they refuse to admit is that having an unprotected, unsanitized jet injector, with blood contamination covering the nozzle will also transmit the disease. Suing the military is almost an impossibility. Therefore, a factual, legal nexus is almost impossible.

So, with that in mind, the way to prove these cases is for a lawsuit that successfully wins against the manufacturers. Does anyone know of ANY successful lawsuit in this area?

dave

[gp747]

i dont know ,but i have hep.c and i firmly believe i got it in service. i did have a tattoo

when i entered ,and they are saying that was the cause. i went through the jet injector

at ft. polk la.

[Berta]

The veteran in this BVA case used an article from the net on a VA Fast letter and got awarded for Hepatitus due to the air gun.She had no other apparent risk factors.:

http://www.va.gov/vetapp08/files2/0814816.txt

Here is the article she used:

http://www.hcvets.com/data/transmission_me...n_backfires.htm

She also gave detailed account of the air gun usage.

The BVA granted this claim as there was not strong evidence for the claim- but at the same time-they didnt have strong evidence to go against the claim.

The Mil is protected by the Feres Doctrine against lawsuits.

Thse claims often need a bonafide medical nexus from a doctor who can give full medical rationale that,but for the air gun injector, there is no other possible etiology for the Hepatitus.

Also if a vet has risk factors but could prove these factors were evident AFTER inoculation, this could help prove that the air gun was at fault for their hepatitus.

Almost all risks factors,like sharing razors, tattoes, etc-

most likely happened for most veterans after the initial inoculations occurred.

The VA could still question the time and etiology of many risk factors

but how would they prove a vet,for example, had a tattoo before they joined the service?

Edited February 3, 2009 by Berta

[Berta]

There is an active forum and a Ask NOD area at this site:

http://www.hcvets.com/

Also there is a petition there to have Hepatitus considered as a presumptive condition.

[daveesl]

I've actually compiled a substantial amount of information, research, IMOs and others in support of my own claim, which is now in the gristmill. But each vet is required to go through the same grinder. While there is substantial research to show that contamination is probable and there have been 2 cases of actual contamination, the problem remains that until an actual legal precedent exists absolutely linking the injector to contamination, then every vet that prays for assistance but battle this revolving door the VA has created.

Medical research can say "there is the risk or probability", but only in law can it be said " it happened". That is why I am trying to do two things 1) find medical corpsmen that used the injectors and are willing to discuss the sanitary issues and 2) a legal precedent. I have one medical corpsman statement now, hope to get more.

By the way, I'm building a website that will act as kind of a central library for this info. It is taking me awhile to do this, as the sickness and treatment keep me down alot. The Document Manager area of the site is the actual library. Feel free to go through it, just please realize the site is a work in progress and is a long way from being complete.

http://www.vetsandhep.org/

dave