San Antonio Injury Attorney Blog

As vaccines become more and more prevalent as a means of preventing illness and disease, we need to take a strong look at potentially devastating side effects from such vaccines.

Take for example the wonder drug known as Gardasil. Pharmaceutical juggernaut Merck has touted Gardasil as a significant step forward in the prevention of cancers, specifically cervical cancer. The majority of cervical cancers are believed to be linked to the Human Papillomavirus (HPV), in which HPV infections are suspected to be the major culprit behind cervical cancers and STDs such as genital warts.

The HPV vaccine is currently being given to girls and women between the ages of 9-26, and now Gardasil has recently become available to be used in boys and men between the ages of 9-26.

However, the data now seems to suggest that some girls who receive Gardasil to guard against cervical cancer may be at greater risk of contract Guillain-Barre Syndrome (GBS) , a rare neurological disorder that affects the peripheral nervous system. Individuals with GBS often experience paralysis that can start in the legs and slowly rise upwards to the upper body and face. In GBS, a person's immune system is essentially trying to destroy part of the person's nervous system.

A flu virus or illness can cause Guillain-Barre Syndrome (GBS) , but a vaccination or surgery can also create the conditions for GBS to occur.

In addition, there is research which now suggests that amyotrophic lateral sclerosis (ALS) or Lou Gehrig's disease may also be linked to Gardasil or the HPV vaccine. Lou Gehrig's disease is fatal and such a vaccine injury represents a wrongful death product liability suit . Researchers have determined that the timing of the ALS symptoms in conjunction with the receipt of the vaccine suggest a link between Gardasil and Lou Gehrig's disease.

Merck has denied any link between Gardasil and GBS , but the data suggests otherwise. The Vaccine Adverse Event Reporting System , a joint effort between the Food and Drug Administration and Centers for Disease Control , indicated an incidence of over 50+ cases of GBS following HPV vaccination in the last 3 years. An overwhelming majority of the cases developed within 6 weeks after vaccination, with about 20 cases or so developing within the first 2 weeks of vaccination. The onset of symptoms within 2-6 weeks after vaccination is a classic timeline for GBS. Although the risk is low, the association between vaccines and GBS has been known to be an after effect since the mid-70s swine flu outbreak.

There are several law firms that are well positioned to handle Gardasil vaccine injury cases. You need attorneys who are specifically licensed in the Federal Court of Claims and handle cases due to vaccine injury. If you or a loved one have suffered a Gardasil vaccine injury and you need a Gardasil HPV Vaccine attorney , contact a law firm immediately.

In the seminal case Berghuis versus Warden , the United States Supreme Court issued major changes affecting the invocation of Miranda rights. Specifically, the Supreme court led by Justice Kennedy ruled that a defendant must clearly invoke their right to remain silent ie. their Fifth Amendment right against self-incrimination. In the past, an accused could stay silent and this was enough to invoke the right to remain silent. No more...

Under the facts of Berghuis, the Court ruled that the defendant had to explicitly and unequivocally state to the arresting officers that he was invoking his right to remain silent. By NOT expressly invoking his right to remain silent, in effect the Supreme Court ruled that the accused was WAIVING his right to remain silent.

According to the facts, an accused Michigan man sat for three (3) hours in silence while officers interrogated him and then confessed to a murder. The question was whether the defendant's silence constituted an invocation of the right to remain silent, such that the confession was inadmissible. The Supreme Court ruled that under such circumstances, it would have been impossible for the officers to have determined whether the accused was invoking his Miranda rights. Since the Michigan man seemed to indicate his understanding of his right to remain silent and the officers did not coerce his confession, then in effect the accused waived his right to remain silent by making statements during the interrogation.

The question is ultimately whether sitting in silence for three hours under questioning by the police offers a clear message that the suspect did not wish to waive his rights. Under this Supreme Court decision, the answer is NO. The decision in this case has been criticized heavily. In order for criminal suspects to invoke their right to remain silent, they must speak, which runs counterintuitive to the "right to remain silent". Even more disturbing is the idea that suspects will have presumed their right to remain silent, even if they do expressly indicate their intention to waive the right to remain silent.

What does this mean for San Antonio and greater Bexar County Criminal Defense cases ? Essentially, you must clearly state to arresting officers of your wish to remain silent by saying something to the effect of "I am exercising my right to remain silent". It must be clearly stated from the BEGINNING - otherwise, a criminal defendant runs the risk of waiving his right to remain silent by making additional statements. This blog entry supplements our earlier blog entries, where we indicated suspects should SHUT UP under questioning.

See the following entries:

The WRONG Way to Handle a Police Stop in San Antonio Texas and Bexar County

What to Do on a Police Stop in San Antonio Texas and Bexar County

10 Rules for Dealing with Police in San Antonio Texas and Bexar County

Now, criminal defendants are encouraged to clearly state that they are exercising their right to remain silent and then SHUT UP. If you have any questions about the exercise of your constitutional Miranda rights, you should contact a San Antonio Criminal Defense Lawyer without delay !