The São Paulo Court decided that the family of a baby will be compensated in R$ 70,799.00 after the child received the wrong vaccine at a municipal health center in the city of Jundiaí.
The case occurred when the child, only five months old, was supposed to be vaccinated against meningitis, but was mistakenly immunized against Covid-19.
This immunizer is not indicated for babies of this age and the dose administered was much higher than that recommended even for adults, putting the baby at risk of death.
As a consequence of the error, the child suffered a myocardial injury and will need cardiological medical follow-up throughout childhood, with the risk of permanent sequelae throughout life.
The rapporteur of the appeal, Spoladore Dominguez, pointed out that the child’s parents are extremely concerned about their daughter’s health, which harms them psychologically.
Decision
The 13th Chamber of Public Law of the Court of Justice of São Paulo confirmed the decision of the Public Treasury Court of Jundiaí, issued by Judge Vanessa Velloso Silva Saad Picoli, maintaining the original sentence.
In addition to the moral damages, the City of Jundiaí was ordered to reimburse the child’s hospitalization costs.
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