Flu Shot Followed by Fall... Court Orders Hospital to Pay 570 Million Won Compensation

"The hospital did not properly inform about side effects, etc."

A first-instance court ruling ordered a hospital to compensate a high school student who became paralyzed from the waist down after falling from an apartment following an influenza treatment injection. The ruling was based on the hospital's failure to properly inform about side effects.

On the 31st, the Civil Division 12 of the Seoul Southern District Court (Presiding Judge Joo Chae-kwang) ruled partially in favor of Kim (21) and his parents in a damages claim lawsuit against Hospital A and its affiliated doctor in a small city in Gyeonggi Province, ordering the hospital to pay Kim approximately 570 million KRW.

However, the court set the compensation amount at approximately 570 million KRW, not the claimed 629 million KRW, considering Kim's lost future income and medical expenses. The court also ordered the hospital to pay a total of 7 million KRW in consolation money to Kim's parents.

Previously, on the evening of December 22, 2018, when Kim was 16 years old, he visited the emergency room of Hospital A with symptoms of full-body muscle pain and high fever and received an influenza treatment injection called Peramiflu. After his symptoms improved, he was prescribed oral medication about an hour later and went home, but the medical staff did not explain the side effects of the oral medication or the Peramiflu injection.

The next day around 2 p.m., Kim jumped from the 7th-floor window of his apartment, sustaining fractures to his waist and spine. He was transferred to the hospital and underwent surgery but remains paralyzed from the waist down. At the time of the accident, his parents were out.

Kim and his parents claimed that the cause of the accident was the side effects of Peramiflu, which can cause mental disorders and abnormal behavior. They also filed a lawsuit arguing that the hospital did not inform them of these risks at the time of administration.

The court accepted their claims and recognized the hospital's liability for damages. The court stated, "Peramiflu side effects can cause mental and neurological symptoms, and such side effects are especially likely to appear in children and adolescents."

Furthermore, the court noted that the hospital had an obligation to inform Kim and his guardians about the possibility of side effects, to advise that Kim should not be left alone for two days after administration, and to provide guidance and explanation on care and treatment.

The court explained that the hospital failed to fulfill these duties when Kim was discharged, and since the accident occurred while Kim was alone at home, a substantial causal relationship between the breach of duty and the accident was recognized.

Kim reportedly stated about the accident, "I was sleeping face down, dreaming that I was falling, and then I found myself in the hospital."

This content was produced with the assistance of AI translation services.