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Legal action by the family of a Perth girl left with organ and brain damage after a flu shot has been settled in the Federal Court this morning.

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Family settle over flu shot disability case


The terms of the settlement in the law suit brought by Kirsten Button on behalf of her daughter, Saba, against pharmaceutical company CSL Ltd are the subject of a confidentiality order.

The case was previously touted as one of Australia's biggest medical compensation law suits and is likely to have involved a multi-million-dollar settlement.

The State Government and Health Minister Kim Hames are also involved in the settlement after CSL Ltd, the makers of the flu vaccine, joined them to the Federal Court case.

Five-year-old Saba was diagnosed with organ and brain damage after a flu vaccination in April 2010.

She fell ill just days before the State and Federal governments stopped the seasonal flu vaccination program after bad reactions in hundreds of young children.

Saba was left a quadriplegic and completely blind, requiring constant medical care.

The Federal Court action sought compensation for pain, suffering, loss of enjoyment of life, profound disability, medical care and travel expenses.

In a defence filed in July last year, CSL Ltd claimed the State Government and Health Minister were negligent for failing to stop he vaccination program.

In the Federal Court in Perth this morning, the Button's lawyer Julian Johnson said the application for the court to approve the compromise followed negotiations at a recent private mediation settlement.

Justice Michael Barker said the confidentiality order was appropriate in terms of the privacy of Saba and her family and the interest of facilitating settlements which avoided costly and protracted litigation.

In a statement, the Button family said all issues had been resolved satisfactorily and the agreement would assist Saba's parents to provide for her future care

The West Australian

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