68-year-old Jeanie Evans of Effingham, Kansas, died March 24, 2021, one day after receiving the experimental Moderna COVID-19 jab.
Evans died of “anaphylaxis due to COVID-19 vaccination,” according to her autopsy report acquired by the Topeka Capital-Journal.
Evans, 68, had a medical history of hypertension, environmental allergies, allergic disorder and reactive airway disease — which wasn’t asthma — and had experienced previous anaphylactic reaction to the drug Albuterol, the autopsy report said.
It said Evans began to complain that her airway felt blocked about 15 to 20 minutes after she received her first COVID vaccination on March 23, 2021. Evans was taken by ground ambulance at 5:21 p.m. to Stormont-Vail, where she died at 11:55 a.m. the next day.
Colt Umphenour, one of Evans’ sons, said the family plans to file a lawsuit.
“I am actively looking for a new attorney to represent the family,” Umphenour said.
Members of the Evans’ family last April hired Lynn Johnson, of the law firm Shamberg, Johnson and Bergman in Kansas City, Missouri.
However, Johnson chose not to pursue legal action on their behalf.
Umphenour said Tuesday that Johnson “deferred” handling the case personally but recommended the family pursue the case.
The Defender explains the difficulty of pursuing legal action against vaccine manufacturers:
As The Defender reported July 8, 2021, under federal law, vaccine makers are shielded from liability, leaving people who are injured by COVID vaccines and their family members with little recourse.
In 2005, Congress passed the Public Readiness and Emergency Preparedness Act (PREP), which authorizes the U.S. Department of Health and Human Services (HHS) to issue a declaration providing immunity from tort liability for claims of loss caused by medical countermeasures (e.g., vaccines, drugs, products) against diseases or other threats of public health emergencies.
On Feb. 4, 2020, HHS invoked the PREP Act when it declared COVID-19 to be a public health emergency.
On Jan. 21, 2021, HHS amended the act, extending the liability shield to include additional categories of qualified persons authorized to prescribe, dispense and administer COVID vaccines authorized by the FDA.
In exchange for immunity for vaccine makers, under the PREP Act, the federal government pledged compensation for adverse reactions to COVID treatments and vaccines through a program called the Countermeasures Injury Compensation Program (CICP), run by HHS.
The CICP in December 2021 approved its first COVID countermeasure claim, one of 65 claims related to anaphylaxis and anaphylactic reactions following COVID vaccines. The claim is pending review of eligible expenses.
The CICP website outlines the parameters of the program, which provides compensation for medical expenses, lost employment income and survivor death benefits as “the payer of last resort,” covering only what remains unpaid or unpayable by other third parties, such as health insurance.
Under the CICP program, attorney fees are not covered. There is no court, judge or right to appeal.
As stated by Mayo Clinic:
Anaphylaxis is a severe, potentially life-threatening allergic reaction. It can occur within seconds or minutes of exposure to something you’re allergic to, such as peanuts or bee stings.
Anaphylaxis causes the immune system to release a flood of chemicals that can cause you to go into shock — blood pressure drops suddenly and the airways narrow, blocking breathing. Signs and symptoms include a rapid, weak pulse; a skin rash; and nausea and vomiting. Common triggers include certain foods, some medications, insect venom and latex.
The CDC website states anaphylaxis after COVID vaccination is rare and occurs in approximately five people per 1 million vaccinated in the U.S.