Parents of Saba Button who was victim of flu vaccine debacle receive payout from WA Government

Emily Moulton Family

flu-shot-dangersby Emily Moulton

Flu Vaccine Debacle

The parents of a WA girl who has been awarded millions in damages after a defective flu jab left her severely disabled say they it’s a “massive relief” the legal battle is over.

Mick and Kirsten Button’s daughter Saba was just 11 months old when she received the Fluvax shot in April 2010.

The then toddler suffered a hypoxic brain injury, kidney, liver and bone marrow failure. She can now no longer walk and talk and needs round-the-clock care.

Three days after Saba was admitted at Princess Margaret Hospital, Fluvax was recalled. It is now banned for children under five.

Her parents launched legal action against the vaccine’s manufacturer CSL which then launched a cross-claim against the State of WA and the Minister for Health.

Today the Federal Court of Australia approved a settlement which had been reached between the parties. While the details of the payout have been sealed, legal experts have previously said it could be more than $10 million.

Saba Button with her mum Kirsten. Picture: Justin Benson-Cooper.

Saba Button with her mum Kirsten. Picture: Justin Benson-Cooper.

Speaking at their Scarborough home today, the Buttons said they were pleased they could not put the legal battle behind them and move forward with Saba’s treatment.

“I suppose today is a bittersweet feeling for us,” Mr Button said. “It’s a relief to have the legal case behind us but we now have the ability to supply Saba with the care, therapy, the equipment, all the things she needs to give her the best quality of life we can.

“She is an amazingly strong little girl who is inspiring us every day.

“Again we would like to thank all our family and friends who have helped us through the last four years. It’s been a long, tough road, so we certainly couldn’t have done this without them.

“But this doesn’t just stop now. Once all the cameras are gone we’re back to business and we have a lot do with Saba.”

The now five-year-old will need extensive therapy for the rest of her life.

Mrs Button said it was relief knowing they can now afford to give their daughter the best care possible.

But, she said, they were realistic about what it could achieve.

“Saba cannot be left alone,” Mrs Button said.

Saba Button with parents Mick and Kirsten at their Scarborough home. Picture: Justin Bens

Saba Button with parents Mick and Kirsten at their Scarborough home. Picture: Justin Benson-Cooper.

“By not having those other pressures on us makes it easier and having the funds there now to access and support that we need is amazing. And not just once or twice a week, every day.

“We are realistic as well with Saba that we are just looking for those one percenters, but they are huge for Saba if she achieves those things.”

In the claim the Button’s alleged Fluvax was defective after testing conducted by the company prior to April 2010 identified fever as a serious side effect of the 2010 batch.

However the company denied liability then filed a cross-claim against the State of WA and the Health Minister. In return the State of WA filed a defence to the cross claim denying any liability.

Settlement was reached between CSL, the State of WA and the family during recent mediation.

Today, Justice Michael Barker agreed to allow the settlement to proceed.

Mick and Kirsten Button with daughter Saba and son Cooper. Picture: Karin Calvert

Mick and Kirsten Button with daughter Saba and son Cooper. Picture: Karin Calvert

“Her life expectancy has been significant shortened,” he said. “Her disabilities are profound and permanent. She will require constant care for the remainder of her life.”

He also said he was pleased the parties reached the agreement saving the youngster and her parents the cost and stress of a lengthy trial.

Health Minister Kim Hames today issued a statement following the settlement saying he was please the matter was over and that he wished the Button family well.

After Saba was admitted to hospital in 2010, it emerged there had been more than 100 adverse reaction presentations to the vaccination at PMH that flu season.

But this information wasn’t passed on to the general public until after Saba was in the intensive-care unit.

An independent inquiry found “serious deficiency’’ in reporting processes and slow responses by both state and federal authorities.

It also concluded the Department of Health’s Communicable Disease Control Directorate was “informed of a significant rise in adverse reactions in early April 2010, but did not take any further action while they gathered data’’.

In 2012, the federal Health Department’s Therapeutic Goods Administration released data revealing Fluvax was four times more likely to trigger side-effects in adults than two rival vaccines.


Erin Elizabeth is a long time “health nut” with a passion for the healing arts for nearly 25 years. Founder of Health Nut News, she is an author, public speaker, and advocate for healthy living. You can get Erin’s book here for free and also watch a short documentary on how she overcame vax injuries, Lyme disease, a significant weight gain, and more. Follow Erin on Facebook, Twitter, and Instagram

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Erin Elizabeth


Erin Elizabeth is a long time activist with a passion for the healing arts, working in that arena for a quarter century. Her site is less than 2 years old but has already cracked the top 20 Natural Health sites worldwide. She is an author, public speaker, and has recently done some TV and film programs for some of her original work which have attracted international media coverage. You can get Erin’s free e-book here and also watch a short documentary on how she overcame vaccine injuries, Lyme disease, significant weight gain, and more. Follow Erin on FacebookTwitter, and Instagram.

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Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment.

  • Rebecca Maryjane Graves

    How is a flu shot defective? Defective is a word used for a car or breakes even a PlayStation not a damn flu shot

  • This is a guest piece on our site. But there are countless articles out there that write about defective flu shots FYI

  • Rebecca Maryjane Graves

    I understand, and I know vaccines make ppl sick what im asking is how was it defective??? Was it double dosed was it not a flu vaccine how was it defective

  • Feel free to contact the authors and ask. I’m not sure.

  • countessarcadius

    #1) It is “unethical” to conduct placebo-controlled studies on seasonal flu vaccines to find out if they actually work.

    #2) But at the same time, it is entirely ethical to give these shots to hundreds of millions of people, even while lacking any real evidence that they are safe or effective.
    In other words, it’s unethical to conduct any real science, but entirely ethical to just keep injecting people with a substance that might be entirely useless (or even harmful). That’s just a hint of the kind of warped logic and failed ethics that typify our modern vaccine industry.

  • countessarcadius

    The MMR Vaccine has co-infected an entire generation of children with a more virulent strain of Measles, now referred to as Atypical measles (AMS). The Medical Industry has reluctantly confirmed this vaccine-derived mutation circulating throughout the environment:
    ‘Atypical measles occurred (occurs) in children who received formalin-inactivated (killed) measles vaccine that was in use in the United States from 1963 to 1968. These children developed high fever, a rash that was most prominent on the extremities and often included petechiae, and a high rate of pneumonitis. Recent studies in monkeys indicate that this illness was caused by antigen-antibody immune complexes resulting from incomplete maturation of the antibody response to the vaccine.‘ The Journal of Infectious Diseases
    ‘Atypical measles can occur in people who were immunized with a killed virus vaccine that was used from 1963-1967 and then exposed to the original virus. It can also occur in people who were immunized with the current vaccine but, for some reason, failed to develop immunity, and in people who are immunosuppressed.‘
    Note: ‘The symptoms of atypical measles are different and more severe than the symptoms of typical measles.‘
    Symptoms of Vaccine-derived hybrid strain of Measles (Atypical Measles/AMS):
    1. Maculopapular ‘characterised by flat spots (macules) and tiny bumps (papules) on the surface of a tissue—usually understood to mean the skin or an organ (e.g., the liver or spleen).’
    2. Petechial ‘pertaining to tiny red or purple spots caused by an extravasation of blood into the skin.’
    3. Vesicular ‘composed of or relating to small, saclike bodies.’
    4. Urticarial ‘hives; a vascular reaction of the upper dermis marked by transient appearance of slightly elevated patches (wheals) which are redder or paler than the surrounding skin and often attended by severe itching.’
    ‘Some vaccines, including the MMR, smallpox, and chickenpox vaccines, contain live viruses. By giving three and sometimes four live viruses together, the risk of developing a lifetime viral infection (a persistent viral infection) increases tremendously. This is especially so with the MMR vaccine, which contains two live viruses known to suppress the immune system for months.‘ Dr. Russell L. Blaylock M.D.
    ‘An outbreak of measles occurred in a high school with a documented vaccination level of 98 per cent. Nineteen (70 per cent) of the cases were students who had histories of measles vaccination at 12 months of age or older and are therefore considered vaccine failures…Vaccine failures among apparently adequately vaccinated individuals were sources of infection for at least 48 per cent of the cases in the outbreak.‘ Measles outbreak in a vaccinated school population: epidemiology, chains of transmission and the role of vaccine failures – American Journal of Public Health 05/1987
    Note: ‘Vaccine failures among apparently adequately vaccinated individuals were sources of infection for at least 48 per cent of the cases in the outbreak.’
    ‘Vaccination coverage for the total population was 99.0%. Incomplete vaccination coverage is not a valid explanation for the Quebec City measles outbreak.‘ Major measles epidemic in the region of Quebec (1989) despite a 99% vaccine coverage – Boulianne N1, De Serres G, Duval B, Joly JR, Meyer F, Déry P, Alary M, Le Hénaff D, Thériault N./PubMed 1991
    ‘The largest measles epidemic in North America in the last decade, occurred in 2011 in Quebec, Canada, where rates of 1- and 2-dose vaccine coverage among children 3 years of age were 95%-97% and 90%, respectively, with 3%-5% unvaccinated.‘ Largest measles epidemic in North America in a decade–Quebec, Canada, 2011: contribution of susceptibility, serendipity, and superspreading events: De Serres G1, Markowski F, Toth E, Landry M, Auger D, Mercier M, Bélanger P, Turmel B, Arruda H, Boulianne N, Ward BJ, Skowronski DM./PubMed

  • countessarcadius

    ‘Adventitious agents (mutable viruses/cross-contamination) could theoretically enter a viral vaccine through any of these ingredients (cell substrates, vaccine seed, tissue culture reagents, stabilizers).’ FDA
    ‘Many novel vaccines are produced in animal cell substrates, and emerging infectious diseases may theoretically be transmitted from animals to humans through these vaccines.’ FDA
    ‘Vaccines are increasingly becoming ineffective and causing “immune dysfunction. Additionally, “vaccine antigen responses” may be reprogramming viruses (altering the DNA template of the virus – alterations in the ‘Nucleotide sequencing’ of the primary viral strain) while weakening the immune systems of the most vaccinated individuals.’ Dr. Gary Null & Richard Gale

  • countessarcadius

    In 1954, during discussions surrounding the development of adenovirus vaccines for use in the military, the U.S. Armed Forces Epidemiology Board (AFEB) recommended the use of “normal cells” as the substrate for vaccine production rather than cell lines established from human tumors. This decision was based on concerns about the possibility that human tumor cells might be contaminated with occult oncogenic agents that might be transferred to vaccine recipients, an event which might in turn increase the risk of cancer and other neoplastic diseases in vaccinees. As evidenced by current regulatory guidelines and activities of control authorities worldwide, the precedent set in 1954 by the AFEB remains an important factor in the acceptance of all substrates for vaccine manufacture. Currently, the only cultured animal cells that have been used as substrates in U.S. licensed viral vaccines have been primary cells (e.g., derived from monkey, chick, mouse), diploid cell lines (e.g., WI38, MRC-5, FRhL-2), or immortalized (continuous), non-tumorigenic cell lines (e.g., VERO).
    Over the past 47 years, two important factors have emerged that warrant serious consideration of the use of immortalized tumorigenic cell lines for viral vaccine production. The first of these factors is that certain novel virus vectors that are presently under development for high-priority target diseases, most notably AIDS, cannot feasibly be propagated in traditionally acceptable cell substrates. The second factor is that scientific understanding of neoplastic processes and viral-induced carcinogenesis has rapidly advanced, as has the ability to detect and identify infectious, oncogenic agents and other types of adventitious agents that may potentially contaminate cell substrates. These factors underscore the need for developing a regulatory framework in which the relative benefits and risks in using tumorigenic cell lines for vaccine production can be carefully and cautiously revisited.
    FDA would like the VRBPAC to consider the potential risks in using two novel cell substrates, 293 cells and PER.C6 cells. These cell lines were developed by transforming human embryonic kidney cells (293) and human embryonic retinal cells (PER.C6) with the transforming early region 1 (E1) of adenovirus type 5 (Ad5). Since cell lines such as 293 and PER.C6 express the Ad5 E1 region, they are able to complement the growth of defective Ad5 vectors which have been “crippled” by deletion of E1. Defective Ad5 vectors have been engineered to express foreign genes such as those from human immunodeficiency virus (HIV), the causative agent of AIDS, and vectors of this type are thought to have significant potential for vaccine development because of their demonstrated ability to generate cell-mediated immune responses to HIV. However, a feature of regulatory importance associated with Ad5-transformed cells is their capacity to form tumors in immunodeficient animals such as nude mice.
    In considering potential risks associated with the use of these so-called Designer Cell Substrates – i.e., neoplastic cells derived from normal human cells transformed by defined viral or cellular oncogenes or by immortalizing cellular genes (e.g., telomerase) – OVRR/CBER is considering the approach outlined below within the framework of a “defined-risks” assessment (see enclosed reference Lewis et al., “A defined-risks approach to the regulatory assessment of the use of neoplastic cells as substrates for viral vaccine manufacture”, In Evolving Scientific and Regulatory Perspectives on Cell Substrates for Vaccine Development. Brown, Lewis, Peden, Krause (eds.) Develop. Biol. Stand. [in press]). This framework is intended to examine, and wherever possible, to quantify the potential risk of “transmitting” the tumorigenic components of the cell substrate used for vaccine production, and determine whether that “transmission” might pose a risk, particularly an oncogenic risk, to vaccinees. Factors that could influence the risk associated with the use of Designer Cell Substrates include (1) the known mechanism of cell transformation leading to the development of tumorigenic cells; (2) residual cell substrate DNA; and (3) the presence of adventitious agents, especially oncogenic viruses. These three factors are discussed in more detail below.
    Tumorigenicity of Adenovirus 5-Transformed Designer Cell Substrates