Witness describes vaccine incident

Press, Volume CXIV, Issue 33655, 3 October 1974, Page 2

Witness describes vaccine incident

(from Our Oivu Reporter) NELSON, Oct. 2. A witness in the Supreme Court at Nelson today said that he had seen a veterinary surgeon with, a vaccine gun in her hand attempting to help a farmhand shut a gate, but he had not seen the farmhand squirted in the eye with antibrucellosis vaccine.

This evidence was given by David John Crimp, the owner of the property on which it was alleged the farmhand was squirted in the eye while the veterinarian was inoculating cattle in 1970. The action, being heard before Mr Justice Cooke and a jury, has been brought by Malcolm Noel Shirtcliff, of Tadmor, against Peter Heywood Malone (first defendant) and Anne Robin Haigh (second defendant), for $75,000 general damages and unspecified special damages. The plaintiff alleges that Mrs Haigh was negligent in handling the vaccine gun and in failing to ensure that the plaintiff received immediate and proper medical care. He also alleges that, because of the incident, he contracted undulant fever (brucellosis) and that he had suffered and will continue to

suffer from some of the effects of the disease. These include a loss of power in the right arm, continuous aches, cramps, and lethargy. Mr Shirtcliff is represented by Mr H. W. Riddoch and Mr T. M. Gresson (Timaru), and the defendants by Messrs G. L. McLeod (Wellington) and E. P. McNabb. STRADDLED RACE

Mr Crimp said Mr Shirtcliff was working on the opposite side of the race from Mrs Haigh. She straddled the race and inoculated each beast behind the shoulder.

While one lot of calves was being put through the race the gate at the end opened under the pressure of calves, said witness. Mr Shirtcliff went to shut it. and either had it shut or almost had it shut when Mrs Haigh came back from her car, where, witness thought, she had been loading the vaccine gun.

Climbing up the race she had the gun in her right hand, and she leaned over to help close the gate with her left hand, said Mr Crimp. “Immediately afterwards I saw Malcolm walk around the end of the race, rubbing an eye.” To Mr McLeod, witness said that he had seen what Mrs Haigh and the plaintiff did before he saw Mr Shirtcliff rubbing his eye, but he did not actually see the vaccine squirted into his eye. Mr McLeod: Do you think

the sound of cattle would' have shut out the sound ofi Mr Shirtcliff yelling, “You silly bitch, you’ve shot me with that thing?”—ln certain circumstances. By this time Malcolm was further away, too. I only saw Malcolm speak. I did not hear him. DOCTOR’S EVIDENCE

Dr John Michael Davis, of Wakefield, said that he was, called to the Shirtcliff pro-1 perty on March 11. He took specimens for analysis, and' received a report of a posi-' tive brucellosis result. He I then made a diagnosis of acute brucellosis. On March 19, Mr Shirtcliff told witness he had received a squirt of vaccine in the eye some weeks before. ; The incubation period for the! disease was two or three weeks, and it fitted Mr Shirtcliff’s case. “If he had had immediate treatment the disease could ’have been avoided,” said Dr I Davis.

Mr Shirtcliff would always be affected by the brucellosis i condition. “I do not think he • will get any better. He will never go back on the farm •in his present condition, and :I presume this will continue,” said Dt Davis.