H1N1 vaccine did not kill Toronto girl, judge rules

TORONTO – Admitting his decision could produce more pain for a grief-stricken Toronto family, a judge has ruled there’s no evidence that the pandemic-flu vaccine caused the sudden death of a fiveyear-old girl.

The parents of Amina Abudu had argued at a weeklong trial last November the Arepanrix influenza shot given to their daughter in 2009 was the first in a cascade of events that led to her heart stopping.

But Justice Markus Koehnen said May Hyacenth and Abdu Adam had failed to provide scientific back-up for their allegations and he had no choice but to side with the vaccine’s manufacturer, GlaxoSmithKline (GSK).

“Although I realize that it may only increase their suffering, I am unfortunately unable to find in favour of Mr. Adam or Ms. Hyacenth,” Koehnen wrote. “I am deeply sorry that I cannot provide (them) with the closure they no doubt need. I must however base my decision on the evidence before me.”

Neither the family nor the lawyers for the two sides in the personal injury lawsuit could be reached for comment.

The case marks a rare judicial airing in Canada of safety concerns about a widely used vaccine, as scientists rush to produce an inoculation against the new coronavirus.

To help expedite the vaccine, the federal government had actually “indemnified” GSK, meaning the company itself would not have paid any damages had they been awarded to Amina’s family.

The judge repeatedly voiced sympathy over the tragic death, but said a causal link had simply not been established.