my teen given guardisil in error

Tamara - posted on 08/08/2012 ( 27 moms have responded )

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My 16 year old went for her annual physical and instead of getting her meningitis vaccine, she was given the hpv vaccine by mistake. I signed a refusal to vaccinate over a year ago. The nurse called me and just said oops...I feel the vaccine was pushed way to hard in the media, and it is still too new. I don't want her to suffer from any side effects now or 20 years from now. I am currently seeking legal advice.

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Patty - posted on 08/09/2012

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I totally agree that the vaccine has been marketed to death. I am an oncology nurse, and my daughters won't be getting this vaccine any time soon. At this point, I would like to see some more research, some more data on the vaccine. The first dose can be given as late as age 26, as I understand it. My oldest daughter is 11, so 15 years more data can be collected. Please don't misinterpret my reluctance to vaccinate against possible cancer and genital warts as a statement about how much I love my children or care for their safety. I am just a little hesitant to make a decision about vaccinating based on fear. I would rather have more information. I may change my mind in 5 years. Or my daughters may choose to have the vaccine after they turn 18. My point is that I still have time to decide. Remember Thalidomide? Fen-Phen? I am exercising caution because I feel that the drug companies are too quick to push drugs on us and if it turns out that some people have adverse effects that result in the product being pulled, they think that is an acceptable risk for their profit margin. My opinion, that's all.

Tamara-- I am sorry that your daughter and you have to go through this. In all likelihood, she will suffer no adverse effects, but that isn't the point, is it? She was given a medication for which you specifically refused to grant permission. That is the issue at hand, and I support your right to seek legal advice. I hope that you are able to get a quick resolution. Take care!

Patty

Jennifer - posted on 08/09/2012

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Aren't doctors and nurses human? I understand you signed a waiver, and are very upset about the mistake, but that is what it is...a mistake. I don't understand the need to run to a lawyer. Just think about all the times you have made a mistake in your work (even if you are a SAHM, that is still a job). There are tons of checks on each medicine before given, but the truth is, all the checks are run by humans, and humans make mistakes. At least they called you and told you about it, instead of trying to cover it up.

[deleted account]

No matter the benefits or bad side effects. You signed a waver saying that you didn't want it. So yes you can and should take it to a malpractice lawyer.

This isn't an oops. What if she was allergic to an ingredient or had some other issue where it could have caused harm? You might not get anything for it, but you can at the very least make sure it doesn't happen to someone else.

This is a matter of getting the wrong vaccine more than which vaccine it was.

Jodi - posted on 08/11/2012

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What is with all the sue-happy people? Isn't the point to ensure that the person who made the error is held accountable? Therefore going through appropriate channels should be sufficient. Why should YOU, who suffered no loss, be able to gain any financial benefit from that? I can TOTALLY understand suing if there were side effects that had an impact, but no side effect? Sorry, but such a litigious society is absolutely flawed and has totally lost the plot on the real issue. This is NOT a suing matter, it is a matter for the appropriate authorities only, that is enough to get the point across that they need to be held accountable. Stop trying to make money out of something in which you received no negative effect. That's just greedy.

Tristan - posted on 08/26/2012

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I was very against getting my daughter the Guardisil vaccination, until I began to think about it. I had the kids all vaccinated against polio, and diphtheria, and all other childhood killers, so why was I hesitant against something that may save her life later in life? Was I resistant to the idea because it guarded against a sexually transmitted disease? I think that is what my issue was, the idea that one day my daughter would be sexually active, and that frightened me. My daughter is now 11, and its a few years before we will be asked about vaccinating her, but I will say yes. Honestly I don't want her to be sexually active before she's in her 40's, but I also don't want her to infected with a preventable disease.



I understand your anger however about the negligence in giving your child the wrong needle, that is a whole different discussion. In my opinion, instead of suing, I would be seeking disciplinary action against the nurse.

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Brittney - posted on 09/01/2012

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They should have double checked, but one dose wont do anything, you need all 3 to be effective. I would change doctors.

Casey - posted on 08/27/2012

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I wish it was out when I was younger. I would of got it in a heat beat. Have you ever had your cervix lasered and told if that didnt work they would have to take a cone shape piece out of the center and you wouldnt be able to have children. I have. Let me tell you its painful. I have cervical displasia one the the thinks guardisil prevents.

But that is just me. If I were in you position and didnt want my child to get a vaccine and has signed the refusal I would be p**sed to say the least. I would diffidently seek legal advise. I would make sure you can get your hands on the refusal too. You signed it and thats the bottom line here.

Jodi - posted on 08/25/2012

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That's just greedy to sue when there has been no adverse effect. Greedy. Report to the appropriate authorities accordingly, but don't be fucking greedy. No freaking wonder you all pay so much for health insurance. Because your doctors have to charge a fortune because you are all sue-happy. Ugh. What a way to run a society. I'm glad I'm not a part of it.

[deleted account]

I don't care who's pro or anti-vaccine. You signed the waiver and you didn't want her to have it. She's a minor, you're the parent - end of discussion.



Look on lawyers.com and call local malpractice lawyers. I would seek out a lawyer. Gather your records, the waiver, etc. and present them for some advice.

Jessica - posted on 08/22/2012

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Good for you! I would be doing the same thing! I would be beyond livid if they gave that vaccine to my daughter, 1, without my permission, and 2, especially after signing a refusal! Whoever administered it should be suspended. That vaccine can have some bad side effects, a friend's mom even told me she took someone in who had gotten the vaccine, got very ill and eventually died. Not something I'd like to give my kids. Hope you get what you're looking for! :)

Ivy - posted on 08/15/2012

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I understand your daughter was vaccainated against your wishes. The vaccine is automatically given to girls here in the UK from age 11 because the majority of cervical cancer is due to the STI that is on the rise. Kids now a days have sex or do sexual things at a much younger. It doesn't just transfer through sex or oral sex, a person only needs sexual contact to get it.



My daughters will be getting the vaccine as soon as they are old enough, but that's my choice. Good luck.

User - posted on 08/14/2012

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I would be seeking advice from the Lawyer...I have heard not good things about it and some good only due to media marketing...My daughter wont be getting it...and is now 21. None of us had this vaccine and I think it all comes down to choice when it comes to sex...I feel they think they are guarded against things and get the shot. Until there is more science both bad and good...I think I will see it on the TV at some point as call the lawyers of.....1800..bad drug

Stephanie - posted on 08/12/2012

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I have a 12 year old boy and a 10 year old daughter. I have already had my son do the 3 shots for the Gardisil vaccination, and will be having it administered to my daughter at the end of the year when she turns 11. So, obviously I am pro-vaccination that for anything that could save my daughter, or anyone's daughter, any form of suffering.

However, while I do understand your concerns about wanting more data and worrying about side effects, is it possible at all that your daughter, at 16, might have requested it? I'm just not sure of the legalities at this age for your state. Does Dr./Patient confidentiality apply at 16 as to whether they have to tell you, insurance aside (It is covered by my insurance company)? California, for instance, can give the shot to girls as young as 12 without requiring parental consent.

User - posted on 08/11/2012

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I hope she doesnt have any side effects from it, but if she were to or not, I would sue. The office knew you didnt not want her to have this medicine, but they clearly failed to fullfill their obligations. I would be livid if they gave my child the wrong medicine, what if it could have been something that could have caused great harm??!!!
I respect your opinion on this medicine because I dont trust new medications myself They can put medicine on the market after only 6 months of testing. But if I had a chance to have had this when I was 16, I would have had it. I have HPV and I have had abnormal pap smears for the past 3 years with 2 biopsy's Im only 23. Thankfully there is technology to detect things that cause cancer before it does actually become cancer, but really if I could of had a shot to prevent it, I would have taken that route instead of repeating dreaded pap smears every 3-6 months and biopsy's.
Good Luck

Patty - posted on 08/11/2012

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I do understand that the average age these days for sexual contact is 12. I have 6 months until my oldest is 12. Since I am a nurse, I feel very comfortable discussing sex with my girls, and when my 3 year old son is of the appropriate age, I will do the same with him. I have made it clear to them that pregnancy isn't the worst thing that can happen when you fool around, and that by "just having oral" you open yourself up to a host of diseases. So in a perfect world, my kids wouldn't be exposed, and we would have at most 15 years to let the drug companies gather their data. Likely, I have maybe 7 or so years with my oldest. My choice in not vaccinating her right now is based on my feeling that so many medications are pushed upon us. I know I can't keep her from having sexual contact. I am not that naive. I do, however have a close relationship with my kids, and have the trust that they will come to me beforehand. That may not be good enough for some people, but I feel better doing that than giving a medication when long term data are not in. If in 5 years, statistics show that there is a marked decrease in cervical cancer and/or genital warts, I reserve the right to change my mind. But for now, I simply do not think it is for us.

Rachel - posted on 08/10/2012

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Not to be contrary, but Patty, you say you are a nurse and you have teenage daughters. You said that since the vaccine can be given until age 26 you have 15 years to get her the vaccine?

It doesn't work that way. You have up until about 2 weeks (long enough to build immunity, which is different in every individual) before your daughter's first exposure to the human papilloma virus. That means way before she decides to engage in any kind of sexual activity, including manual genital or oral genital contact. You don't have 15 years. Those of us with newborns don't even know if we will have 15 years. You don't have to get the vaccine right now, but not getting it means that you choose to not use this vaccine when your child is at her most vulnerable for risky behaviors. I am not disagreeing with your logic, but I think you need to know that making a decision not to have it 'yet' means making the decision not to have it when your child might need protection. And that's certainly your decision to make. Hopefully, she will tell you when she wants to start having a physical relationship and hopefully the person she is with will have never been with anyone else.

Original poster, regarding the vaccine being given in spite of your refusal, please contact the office manager for the practice the nurse works at. That's the best way to make sure it won't happen again. When I was giving vaccines, the office policy was that I drew it up in front of another nurse, who checked the vaccine, dose, expiration date, doctor's order, and consent form before I administered the medication. There is a breakdown here somewhere in the process designed to protect you.

Jodi - posted on 08/10/2012

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I can understand her being upset because of the waiver. I don't get having to sue over it. Why do lawyers have to be involved? That's just going overboard!!! In any reasonable society (and you didn't say where you lived, but I am going to assume you are in the US because your first thought was going to a lawyer), there would be an appropriate recourse through a state or government agency.

[deleted account]

I have 3 daughters, and if something like this happened to my children, I would be so angry. She is only 16! If she was 18 and wanted it then whatever. But they screwed up. Just because there are people who have had this vaccine with no side effects, doesn't mean she won't! I hope you find the legal advice you are looking for.

Donya - posted on 08/10/2012

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I have given both my girls the vaccine, no side effects, but the point is the waiver. Because you signed over a teaser ago refusing, you may not have a leg. Most medical forms only last 1 year. Usually you have to resign every year. I would be upset if I signed a form and it was given regardless.

Amy - posted on 08/10/2012

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I can't tell you how many times I have said the same thing that first my family does not have a history of cancer and second the drug wears off at what 23 that's not a lot of protection and lastly I feel it was rushed and pushed on to people. I have never refused a vaccacine and I would call and report this office to the state board what else are they "oops" ing on?

Jodi - posted on 08/09/2012

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Don't you just have some government agency you can make complaints to about poor medical practice? Why would you seek legal advice? To sue? Isn't the point to ensure that the person responsible for this is held accountable, in which case, there are other avenues than suing :\ I don't know, I wouldn't sue over it. I would make a complaint about this to the appropriate authorities, and ensure it was followed up, but I think talking to lawyers, given there have been no negative side effects, is taking it too far.

Kelina - posted on 08/09/2012

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yes doctors and nurses make mistakes but this isn't a mistake. This is something that should have been confirmed with your daughter while she was there and read clearly off the label. Unless she suffers side effects I'm not sure you're going to get more than an oops sorry.

Kelley - posted on 08/09/2012

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My daughter had the vaccine & has had no side effects. But if you signed a waiver that said you did not want her to have it & they gave it to her anyway, I would definitely talk to someone higher about it. I believe no means no, no matter what you are saying it to. & an "oops" would not suffice !!

Stifler's - posted on 08/09/2012

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I've had Gardasil. I have no side effects at all and my pap smears have all been clear.

Katie - posted on 08/08/2012

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If I had the opportunity to get a vaccine against cervical cancer I would have jumped at the chance! Equally if I had a daughter (I have a son), she would be getting the vaccine! Cancer is a terrible illness to suffer from which can end in death, anyway to prevent that from happening is fantastic.
What does your daughter think? She's 16, she probably has some feelings towards getting the vaccine, maybe she was okay with it and wanted to be protected from cervical cancer?

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