The plaintiffs brought an action against GlaxoSmithKline following the sudden and unexplained death of their five-year-old daughter, who died five days after receiving the H1N1 vaccine (Arepanrix).
The plaintiffs alleged that the manufacturer breached its standard of care by failing to adequately test the vaccine and failing to warn of its risks, and that the vaccine caused the child's death.
The court dismissed the action, finding no expert evidence to establish a breach of the standard of care regarding the vaccine's testing, approval, or disclosure of risks.
Furthermore, the court rejected the plaintiffs' expert evidence on causation, relying instead on the forensic pathologist and epidemiological experts who concluded there was no evidence linking the vaccine to the child's death.
