Legal Advice Required
Discussion
Apologies if this is posted in the incorrect location - but is primarily a request for legal advice rather than a health concern.
I recently suffered from various injuries as a result of a vaccination.
The whole episode has been written up as a case study to be published in a medical journal.
However, I have been asked to sign a consent form prior to its publication.
Due to the injuries I have suffered I may look to claim compensation at some point in the future but do not wish to jeopardise the claim by signing the consent form.
The consent form is generally quite innocuous apart from one statement :
'I/the patient will not receive any financial benefit from publication of the article.'
I have already tried seeking advice from various solicitors and the Law Society without success.
Could someone suggest a medical negligence solicitor that may be able to help or confirm if signing the consent form with the above statement would not affect my position.
Thank you.
I recently suffered from various injuries as a result of a vaccination.
The whole episode has been written up as a case study to be published in a medical journal.
However, I have been asked to sign a consent form prior to its publication.
Due to the injuries I have suffered I may look to claim compensation at some point in the future but do not wish to jeopardise the claim by signing the consent form.
The consent form is generally quite innocuous apart from one statement :
'I/the patient will not receive any financial benefit from publication of the article.'
I have already tried seeking advice from various solicitors and the Law Society without success.
Could someone suggest a medical negligence solicitor that may be able to help or confirm if signing the consent form with the above statement would not affect my position.
Thank you.
If you want the money don't sign the form, rather than worrying about it.
If this isn't a wind up, why did you consent to the case study in the first place?
Otherwise, ask the study group for advice...alongside some no win no fee types!
Wind up - or OP is really stuck as to who to ask for help
If this isn't a wind up, why did you consent to the case study in the first place?
Otherwise, ask the study group for advice...alongside some no win no fee types!
Wind up - or OP is really stuck as to who to ask for help
dundarach said:
If you want the money don't sign the form, rather than worrying about it.
If this isn't a wind up, why did you consent to the case study in the first place?
Otherwise, ask the study group for advice...alongside some no win no fee types!
Wind up - or OP is really stuck as to who to ask for help
I don't think you have understood the OP's post / predicament.If this isn't a wind up, why did you consent to the case study in the first place?
Otherwise, ask the study group for advice...alongside some no win no fee types!
Wind up - or OP is really stuck as to who to ask for help
OP - I would have thought they would be 2 separate issues, but best try and get professional advice as it sounds potentially quite serious
dundarach said:
If you want the money don't sign the form, rather than worrying about it.
If this isn't a wind up, why did you consent to the case study in the first place?
Otherwise, ask the study group for advice...alongside some no win no fee types!
Wind up - or OP is really stuck as to who to ask for help
I would like the case study to be published as it would help in the diagnosis and treatment of similar cases. (Vaccine Induced Thrombosis are being under reported)If this isn't a wind up, why did you consent to the case study in the first place?
Otherwise, ask the study group for advice...alongside some no win no fee types!
Wind up - or OP is really stuck as to who to ask for help
The case study has been written and they are asking for my consent to publish it - I have not yet given any consent.
I have already called quite a few 'no win , no fee' types but they are unable to give any free advice.
While I sympathise with your position, OP, it feels like the "system" is set up to enable differentiation between publishing the case study to advance scientific knowledge, and allowing a compensation claim for financial gain.
Clearly I have no legal knowledge here, and no axe to grind either way, but it feels like you just need to make a decision.
Clearly I have no legal knowledge here, and no axe to grind either way, but it feels like you just need to make a decision.
lambeth said:
'I/the patient will not receive any financial benefit from publication of the article.'
I'm not a lawyer but have written scientific papers. Its generally the case the subjects and authors don't get paid for writing papers (and may pay for them to be published). My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
mcdjl said:
I'm not a lawyer but have written scientific papers. Its generally the case the subjects and authors don't get paid for writing papers (and may pay for them to be published).
My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
I agree with this. The wording is to do with the publication of the paper and nothing to do with any future claim you may have against the vaccination.My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
MustangGT said:
mcdjl said:
I'm not a lawyer but have written scientific papers. Its generally the case the subjects and authors don't get paid for writing papers (and may pay for them to be published).
My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
I agree with this. The wording is to do with the publication of the paper and nothing to do with any future claim you may have against the vaccination.My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
OP I think you'll be fine to agree to the 'I/the patient will not receive any financial benefit from publication of the article' clause without jeopardising any future claim / action against HMGovt.
Re compo, perhaps hunt around for some class action groups as that might be the best way to approach this subject? As you mention, there are a few people in the same boat - unfortunate souls who are effectively collateral damage in the war against Covid. In an ideal world people would have been screened for vulnerabilities to blood clots before having the vaccine, but of course in this case there was simply no time for that.
Re compo, perhaps hunt around for some class action groups as that might be the best way to approach this subject? As you mention, there are a few people in the same boat - unfortunate souls who are effectively collateral damage in the war against Covid. In an ideal world people would have been screened for vulnerabilities to blood clots before having the vaccine, but of course in this case there was simply no time for that.
Canon_Fodder said:
OP I think you'll be fine to agree to the 'I/the patient will not receive any financial benefit from publication of the article' clause without jeopardising any future claim / action against HMGovt.
Re compo, perhaps hunt around for some class action groups as that might be the best way to approach this subject? As you mention, there are a few people in the same boat - unfortunate souls who are effectively collateral damage in the war against Covid. In an ideal world people would have been screened for vulnerabilities to blood clots before having the vaccine, but of course in this case there was simply no time for that.
Think you have read too far between the lines here, no mention of government or Covid in the op's post.Re compo, perhaps hunt around for some class action groups as that might be the best way to approach this subject? As you mention, there are a few people in the same boat - unfortunate souls who are effectively collateral damage in the war against Covid. In an ideal world people would have been screened for vulnerabilities to blood clots before having the vaccine, but of course in this case there was simply no time for that.
It may surprise you to learn there are still other vaccines being trailed and used completely unrelated to Covid, despite the newspapers best efforts the rest of medicine hasn't completely ground to a halt.
TheDrownedApe said:
MustangGT said:
mcdjl said:
I'm not a lawyer but have written scientific papers. Its generally the case the subjects and authors don't get paid for writing papers (and may pay for them to be published).
My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
I agree with this. The wording is to do with the publication of the paper and nothing to do with any future claim you may have against the vaccination.My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
lambeth said:
Apologies if this is posted in the incorrect location - but is primarily a request for legal advice rather than a health concern.
I recently suffered from various injuries as a result of a vaccination.
The whole episode has been written up as a case study to be published in a medical journal.
However, I have been asked to sign a consent form prior to its publication.
Due to the injuries I have suffered I may look to claim compensation at some point in the future but do not wish to jeopardise the claim by signing the consent form.
The consent form is generally quite innocuous apart from one statement :
'I/the patient will not receive any financial benefit from publication of the article.'
I have already tried seeking advice from various solicitors and the Law Society without success.
Could someone suggest a medical negligence solicitor that may be able to help or confirm if signing the consent form with the above statement would not affect my position.
Thank you.
Does one assume that your diagnosis was formally arrived at and documented as being a side effect of the vaccine? Or is that part of the case? You're trying to build evidence that your Thrombosis was caused as a direct result of being vaccinated? I recently suffered from various injuries as a result of a vaccination.
The whole episode has been written up as a case study to be published in a medical journal.
However, I have been asked to sign a consent form prior to its publication.
Due to the injuries I have suffered I may look to claim compensation at some point in the future but do not wish to jeopardise the claim by signing the consent form.
The consent form is generally quite innocuous apart from one statement :
'I/the patient will not receive any financial benefit from publication of the article.'
I have already tried seeking advice from various solicitors and the Law Society without success.
Could someone suggest a medical negligence solicitor that may be able to help or confirm if signing the consent form with the above statement would not affect my position.
Thank you.
I remember agreeing to a set of stipulations when I got my first and second jabs that loosely said "for 99.9% of cases there is no lasting side effects of the vaccine on its own however there may be a situation where the patient might be affected as a result of a combination of existing health conditions, other medications etc.
For my first one, I was ill. 3 days I was in bed with everything from sweats to mild delirium, but it passed with time. When I called the docs (I have underlying health concerns that I need to be careful with) they were surprised to hear that I was still jabbed as I was on anti-biotics for a dodgy toenail.
Anyway, none of that matters I suppose but I think I'm trying to say that there will be a whole host of things that will either help your case or hinder it.
What would you like to happen? You mention that you can't find anyone who will give you advice at a low or free cost point; isn't it worth a few quid upfront to potentially strengthen your case?
Why not withdraw your position from the case study and pursue your own separate damages?
I'm not (clearly) a lawyer, but good luck!
TheDrownedApe said:
MustangGT said:
mcdjl said:
I'm not a lawyer but have written scientific papers. Its generally the case the subjects and authors don't get paid for writing papers (and may pay for them to be published).
My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
I agree with this. The wording is to do with the publication of the paper and nothing to do with any future claim you may have against the vaccination.My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
The way I can see it, the only way a case report of this nature could adversely affect a claim could be by drawing attention to the fact that whatever has happened is a rare and unexpected event. Case reports are for unusual, unexpected, rare and unique cases, not for common cases. I don't think there would be many lawyers willing to give advice on this matter as it won't be something that arises as an issue.
martinbiz said:
TheDrownedApe said:
MustangGT said:
mcdjl said:
I'm not a lawyer but have written scientific papers. Its generally the case the subjects and authors don't get paid for writing papers (and may pay for them to be published).
My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
I agree with this. The wording is to do with the publication of the paper and nothing to do with any future claim you may have against the vaccination.My expectation is that the line quoted should mean that you won't get paid for allowing the paper to be published. That should be entirely separate as to whether you get any compensation as a result of the injuries you suffered. It may make it easier for you to get that compensation as the injuries will be publicly and scientifically acknowledged to result from it if the paper is published. Its that bit that you are clearly concerned but it should be an entirely separate thing. Ask for clarification from the people asking you to sign the agreement that publication won't affect any claim you have- even inserting ' any direct financial benefit' may do (IANAL).
If you have a compensation claim it is (presumably) against different doctors, and a health authority. You won’t have waived anything as against them.
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