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Captain Jason M. Nietupski
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The following letter requesting help is a comprehensive overview of Jason Nietupski's reactions to the anthrax vaccine and his subsequent search for help. Following this later are two updates on the outcome of his case.
April 16, 2001
To Whom It May Concern:
My name is Captain Jason M. Nietupski from the 104th Fighter Wing, Massachusetts Air National Guard. I am writing this letter to the Institute of Medicine to explain, for the record, my adverse reactions to the anthrax vaccine, which was directed by the Department of Defense's (DoD) Anthrax Vaccine Immunization Program (AVIP). I have served in the US Armed Forces for nearly 6-years with a distinguished military record as both an Active Duty and Reserve officer. In April 2000, I was a member of the 8th US Army, US Army Reserves in Farmington, Michigan when I was deployed to South Korea for a 2-week military exercise. Prior to deployment, I received numerous vaccinations from the US Army's 323rd Combat Support Hospital. I started the DoD's Anthrax Immunization Program on February 12, 2000. In total, I received 3 anthrax shots prior to deployment to South Korea. I began experiencing adverse reactions to the anthrax vaccine immediately following the initial anthrax inoculation and these chronic multi-system disorders have since progressed in severity. Since that initial anthrax vaccination, 30 doctors including primary care physicians, hematologist oncologists, infectious disease, ears, nose and throat (ENT), gastro intestinal (GI), vascular surgery, allergy and immunology specialists have attempted to resolve my medical disorders.
Over a year has passed since my initial anthrax vaccination. Today, I have overwhelming medical documentation supporting my claim that the DoD's Anthrax Immunization Program has caused me significant long-term medical complications that will likely plague me the rest of my life. Several physicians both within the Department of Defense (DoD), the Veterans Administration (VA), and civilian practitioners have diagnosed my current medical condition as the following: Stevens Johnson's autoimmune disorder, Lyme-like diseases, Chronic Fatigue Syndrome, throat disorders, and joint pain. In February 2001, Doppler studies of my Deep Venous System of the left lower extremity identified Deep Venus Thromboses (DVTs), a potentially life threatening disorder. The ultrasound identified a blood clot (thrombus) within the popiteal vein and also within the deep venous structures of my left calf. Two weeks later, in April 2001, the thrombus extended into my mid-thigh despite high dosages of anticoagulation medication (Lovenax and coumadin).
Colonel Engler, Chief of the Department of Allergy and Immunology at Walter Reed Army Medical Center in Washington, DC concluded that I had experienced a serious and severe adverse reaction temporally related to the anthrax vaccine. In subsequent examination, Colonel Engler noted that, "Reproducibility of systems suggests casualty in relation to anthrax vaccine." The following are two brief excerpts from Colonel Engler, Chief of Allergy and Immunology at Walter Reed Army Medical Center and Dr. Donta, professor of Infectious Disease at the Boston University School of Medicine.
Diagnoses:
"This patient's history is consistent with a reproducible mucocutaneous reaction in the close temporal association with the anthrax vaccine. The history of bloody nasal discharge at the time of the oral lesion flare raises the concern of mucosal Steven's Johnson's (autoimmune) reaction and since the lesions worsened with each does, there is a possible risk of a more serious adverse drug reaction. Considering the fact that the patient has had 3 doses of anthrax and the FDA has approved oral ciprofloxacin for acute inhalation anthrax exposure, we would recommend a medical waiver for full deployability." October 13, 2000; Colonel Engler(Department Chief) and Captain Waibel (fellow), Walter Reed Army Medical Center, Department of Allergy-Immunology
Furthermore, Colonel Benson, Chief, Dermatology at Walter Reed Army Medical Center, "Concurs with possible diagnosis or oral erythema multiforme potentially related to anthrax vaccine." Colonel Block and Major Hwang, "Concur with diagnosis of Stevens Johnson's secondary to anthrax vaccine adverse reaction." These narratives are found within Colonel Engler's April 2001 medical assessment.
After receiving substantial and collaborating documentation from the Dermatology, GI and Allergy and Immunology Departments at Walter Reed Army Medical Center, I decided to pursue a "service connected" military disability through the Veterans Administration. A disability claim was initially filed on July 16, 2000 at the Veterans Administration Medical Center in Leeds, Massachusetts. On November 28, 2000, I was scheduled a Compensation and Pension Exam at the Veterans Administration Medical Center in Boston, Massachusetts. Ironically, Dr. Donta, the physician who conducted the medical examination, was an Infectious Disease (ID) physician from the Boston University School of Medicine. Dr. Donta was confident that that I would receive a disability based on my thorough medical documentation from DoD, VA, and civilian medical specialists.
The following is one of many excerpts from Dr. Donta's medical examination.
Diagnoses: Chronic Fatigue Syndrome and Lymphatic Disorders
"Chronic fatigue, chronic Lyme-like illness that is secondary to the anthrax vaccination in terms of reactivation of an underlying illness. The mechanisms of this are not well understood. My own impression is that this is not straight auto-immunity, but an activation of an underlying process. On that premise I have given him tetracycline to take 500 mg three times a day, 20 minutes before meals over the next three months. He had taken a short course of doxycycline from one physician back on August 18th for two weeks with markedly increased symptomatology. His throat got sore. His fatigue got worse and he was told to discontinue this. This is an example of the type of reactions that we see in patients with Lyme and Lyme-like diseases that probably reflect antibiotic associated increased symptomatology. I will follow the patient myself because of my own interest in chronic multi-symptom disorders along the way. He is currently disabled from this in terms of his fatigue and these mouth issues." November 28, 2000, Dr. Donta, Professor, Infectious Disease, Boston University Medical Center
In September 2000, I notified the US Army Surgeon General's Office (OTSG) in Alexandria, Virginia regarding my adverse reactions to the anthrax vaccine. Colonel Randolph, Director of the Anthrax Vaccine Immunization Program (AVIP) sounded concerned when I informed him that not 1 of the 16 doctors that I have seen since February 2000 have either completed a Vaccine Adverse Event Reporting System (VAERS) or reported my adverse anthrax vaccine reactions to the Food and Drug Administration (FDA). Disillusioned with the lack of support through the VA or DoD with treating and resolving my medical disorders, I notified my US Representatives in Washington, DC as a last resort, to determine why a VAERS form had not been submitted to the FDA. In March 2001, nearly a year after the onset of my chronic multi-system disorders to the anthrax vaccine, the DoD finally submitted a VAERS form to the FDA outlining my adverse reactions to the anthrax vaccine. From 10-13 April 2001, I was seen at Walter Reed Army Medical Center to determine why my chronic multi-system disorders have progressed in severity. In an extremely thorough medical assessment, Colonel Engler stated:
"(Jason M. Nietupski) has experienced a series of medical problems whose onset was temporally related to his DoD-directed immunizations, to include anthrax vaccine. Although causality of some of his problems (such as the thrombophlebities) can be neither proven or disproved, the onset of his problems is consistent with a classic adverse reaction, oral erythema multiforme/Stevens Johnson's (autoimmune disorder)." April 13, 2001, Colonel Engler ( Department Chief), Walter Reed Army Medical Center, Department of Allergy and Immunology
My medical documentation provides overwhelming evidence, from numerous medical specialists, that the anthrax vaccine caused me serious medical complications that have jeopardized the quality of my life. My medical condition and health were superb prior to receiving the three anthrax shots. Preceding the anthrax shot series, I was an outstanding athlete and excelled in sports. I consistently surpassed most soldiers in my military units with regards to physical fitness on the Army Physical Fitness Test (APFT). Today, I am unable to run or perform cardiovascular exercises for fear that the blood clots (thrombus) may dislodge, cause a MI, stroke or pulmonary embolism.
Many servicemen and women who volunteered to serve in the US Armed Forces have disclosed to the military and the media that they have experienced either chronic or systematic adverse reactions to the anthrax vaccine. I have enclosed a Power Point presentation, which stipulate that the DoD's Anthrax Immunization Program has jeopardized the health and welfare of many of our service members. Too many individuals within the US Armed Forces, like myself, have experienced adverse reactions to the anthrax vaccine. I respectfully request that the following actions be taken by the United States Congress:
1. Congressional hearings to evaluate service members' adverse reaction claims
2. Halt the DoD's Anthrax Immunization Program until long-term studies are completed to determine whether the vaccine poses long-term health problems
3. Determine whether the sole manufacturer of the DoD's anthrax vaccine, BioPort Inc., has violated any laws with regard to the quality and sterility of the anthrax vaccine
4. Provide long-term medical care at DoD Military Treatment Facilities (MTFs) for service members who have developed adverse anthrax vaccine reactions
I sincerely appreciate your help and assistance. If you have questions with regard to this document, I can be reached at (413) 218-6752.
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Encl: (3)
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Sincerely,
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Medical Exam worksheet
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Resume
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Jason M. Nietupski
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Power Point presentation
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Jason M. Nietupski
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Captain, USANG
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Recent updates from Jason:
Oct. 6, 2001: I am in California still. My line of Duty (LOD) was signed by the Commander of the 88th Regional Command in Michigan in August stipulating that the anthrax vaccine caused me DVTs blood clots, Stevens Johnsons Autoimmune Disorder, liver damage, and Chronic Fatigue Syndrome. Actually, my case is very high up in the Pentagon. My case has been assigned to Colonel Donahue, Operations Officer, Office of the Chief, Army Reserve Command. He told me that the Army would not likely take me back as a Reservist since my blood clots - thrombosis is a blood disorder and a disqualifier. My LOD is not at Fort Knox awaiting final signature from the Personnel Section and then it will be finalized.
My VA claim is still awaiting completion. I submitted it in Jul 2000 - over 16 months ago. Senator Kennedy has been very supportive. He was not happy that the VA Claims Board in Boston found against me since they found against me since I was no longer on active duty. I was given the anthrax shots as a reservist and the Board decided that I was not authorized disability even though they concurred that I was disabled. Kennedy ordered my records sent to Washington for review at the VA hQ. I have not heard what has happen recently but since I have the Pentagon support and Kennedy, I am happy with the direction that both issues are going. I have a 5" medical binder with over 30 docs nots that state that my medical problems are secondary to the anthrax vaccine.
Its too bad I have been waiting over 16 months and I have paid the VA over $2000 to date for care since my claim is still outstanding and I have to pay til the claim process if finalized before they will repay me for these services. Hope this helps. I am in a good position all the way around.
Oct. 10, 2001: The US Army today finalized my service connected line of duty. They concurred that the anthrax vaccine caused me deep venous thrombosis, chronic fatigue syndrome and Steven Johnsons (oral mucosa) Autoimmune Disorder. After nearly 4 months, the US Army as seen in the attached scanned file, took responsibility for the adverse reactions to my anthrax immunizations. They concur that I am disabled from life and will likely claim such against the US Army / Department of Veterans Affairs.
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