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Wamego woman suing over vaccination

By The Mercury

WESTMORELAND — A Wamego woman has filed suit against the Pottawatomie County Health Department, alleging that carelessness and negligence resulted in “severe, permanent and devastating injuries” to her daughter.

Jody K. Hupe filed the suit in Pott County District Court Dec. 26, alleging that her daughter, Brooke A. Hupe, was injured when she became dizzy and fell after receiving a vaccination injection in June of 2011. 

The suit, seeking in excess of $75,000, also names as defendants Jessie M. Swisher, a registered nurse, and 10 other “John Does” who may have been employed at the health department at the time.

The suit alleges that the defendants failed to provide the plaintiffs any instruction or warning of the potential risk of dizziness or fainting after receiving an injection of Gardasil at the health department on or about June 1, 2011.

The petition further alleges that after leaving the health department building, Brooke Hupe became dizzy, fainted and fell and “sustained serious injuries as a result of her fall.”

As a result of the fall, the plaintiffs allege the girl has undergone extensive pain and discomfort; has suffered from complications from the fall; and has undergone corrective surgeries to correct a number of injuries.

Further, the petition alleges Brooke Hupe “will continue to suffer for the remainder of her lifetime.”

It says that the plaintiffs “have in the past, are now, and will in the future be required to expend monies for future medical treatment, care and monitoring.”

The plaintiffs have demanded a jury trial in the action.

County counselor John Watt informed the Pottawatomie County Commission of the lawsuit Monday morning, stating that the county’s insurance carrier has been notified and will appoint an attorney to defend the case.

“There’s nothing the county commissioners need to do — other than you should not comment on the suit or the situation,” Watt said.

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