Teen settles case over swine flu vaccine that allegedly gave him narcolepsy

The settlement could now pave the way for the resolution of 80 cases over the Pandemrix vaccine.

Benjamin Blackwell claimed he contracted narcolepsy and cataplexy after he received the Pandemrix vaccine at national school when he was five-years-old. File picture: Jean-Pierre Muller/AFP/Getty Images

A 16-year-old boy who sued claiming he developed a rare sleep disorder after receiving a swine flu jab has settled his High Court action.

The groundbreaking settlement for Benjamin Blackwell could now pave the way for the resolution of 80 cases over the Pandemrix vaccine which were due before the High Court.

Benjamin Blackwell claimed he contracted narcolepsy and cataplexy — an associated muscle weakness — after he received the Pandemrix vaccine at national school when he was five years old.

The landmark action was a test case for 80 other legal actions over the vaccine developed in response to the swine flu pandemic of 2009 and 2010.

Mr Blackwell’s counsel Dermot Gleeson SC told the court that the Blackwell settlement figure is 50% of the full claim before the court. The amount the teenager is to receive will be brought before the court on another occasion.

Counsel said as part of the settlement it is now agreed that the same settlement terms are available to the children and young adults who have similar cases pending before the High Court in relation to the vaccine.

Counsel said there are extensive benefits in the settlement for Benjamin Blackwell, which includes educational supports, accommodation costs in relation to third-level education, a “gold” medical card as well as childcare costs.

The settlement will not be taken into account when assessing future disability benefit. The Blackwell settlement is without an admission of liability.

Mr Justice Kevin Cross said it was a very good settlement, which had the potential for the resolution of other cases.

Outside court, Benjamin's father James said his family are "pro-vaccine, pro-science, and pro-transparency".

Benjamin Blackwell, of Fairyhouse Road, Ratoath, Co Meath, had, through his mother Natalie Blackwell, sued the Minister for Health, the HSE, and Glaxosmithkline Biologicals SA (GSK) — the producer of Pandemrix.

GSK was previously given an indemnity by the State concerning any adverse reactions to the vaccine.

In his action, the teenager claimed he was administered the Pandemrix vaccine on February 22, 2010. It was claimed he complained of occasional headaches and a high-pitched loud squealing in his head soon after, and his parents noted changes in his behaviour, including dramatic mood swings, and that he started falling asleep at odd times during the day, including at school.

He had ongoing problems with fatigue, and narcolepsy was diagnosed in 2012. He currently takes three scheduled naps a day, including when he is at school. Narcolepsy, it is claimed, will require him to have a lifetime of medication and medical treatment.

It was claimed neither he nor his parents would have consented to the vaccination if various matters were made clear to them, including that Pandemrix had allegedly never been, or never been adequately, tested, on children of his age.

Other claims include that tests on Pandemrix were more limited and less stringent than the normal tests to which vaccines are customarily subjected to before public release.

By February 22, 2010, an alternative swine flu vaccine, Celvapan, was available, and was known by that date to be much safer than Pandemrix, it was also claimed.

It was also claimed full information and warnings in relation to the Pandemrix vaccine were not furnished to Benjamin Blackwell or his parents. Against the minister and HSE it was claimed there was an alleged failure to warn sufficiently or at all, the known or unknown risks and the potential consequences of receiving the vaccine.

The claims were denied.