In Nice, a patient had been vaccinated six times on the same day: the CHU exonerated

The Council of State dismissed a former patient from the Nice hospital center (Alpes-Maritimes) whose state of health had suddenly deteriorated a year after having received the injection of six vaccines on the same day before flying to Benin.

The young woman, then aged 19, intended to protect herself against “yellow fever, diphtheria, tetanus, poliomyelitis, whooping cough, hepatitis A, hepatitis B, meningitis A, C, W135 and Y and typhoid fevers”.

But four months later, his state of health had “deteriorated” and she had been repatriated: “fibromyalgia” and “chronic fatigue syndrome associated with somatoform neurological pathomimia” – a mental disorder which leads to simulating an illness, consciously or not – will be diagnosed.

The patient turns to the court

The patient then appealed to the Nice administrative court: she demanded more than 2.6 million euros “in compensation for the harmful consequences which she considers to have suffered due to the vaccines” which had been administered to her. But his request was rejected in 2021 by the administrative court of Nice then in 2022 by the administrative court of appeal of Marseille. The patient then appealed to the Council of State as a last resort, and in passing requested €3,500 for his legal costs.

According to her, the judgment of the administrative court of appeal of Marseille is tainted by “error of law” : he should not have “dismissed the fault of the Nice University Hospital” on the pretext that it “had given its agreement to receive six vaccines in the same day”. In her appeal, the young woman considered that this “choice to administer six vaccines” in the same place “was not consistent with scientific data and revealed a lack of attention from the doctor to his patient”.

The Council of State rejects its request

But in a judgment dated March 28, 2024 which has just been made public, the Council of State in turn considers that none of the arguments “are likely to allow the appeal to be admitted”. The responsibility of the National Office for Compensation for Medical Accidents (ONIAM) can no longer be engageddepending on the jurisdiction.

The administrative court of appeal of Marseille had in fact already ruled that there was nothing to prove that “the fibromyalgia and chronic fatigue syndrome from which the applicant suffers could be attributed with certainty” to the injected products, especially since “no local complications” had not occurred at the time of the six injections.

No link between vaccines and diseases

The “medical literature” did not establish any “certain link between the injection of these vaccines and these diseases”, according to the judges. The doctors at the hospital could therefore not inform him of a potential “risk”, to the extent that they themselves were not aware of it.

The Primary Health Insurance Fund (CPAM) of Var, which in passing claimed €70,000 from the Nice University Hospital for the health costs that it had to pay for its social insurance, will therefore not be compensated.

MJ – PressPepper

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