Introduction
After the rollout of the COVID-19 Pfizer-BioNTech vaccine (marketed as ‘Comirnaty’) in December 2020, reports emerged of individuals suffering complications after administration of the vaccine. In particular, an increased number of those suffering with a condition called myocarditis was reported. Subsequently, both the UK’s Medicines and Healthcare products Regulatory Agency (‘MHRA’) and the European Medicines Agency (‘EMA’) publicly recognised myocarditis as a rare side effect to the vaccine.
This article examines myocarditis in relation to the Pfizer COVID-19 vaccine and the legal avenues available to individuals who have suffered harm following vaccination. Claims of this nature are brought as product liability claims under the Consumer Protection Act 1987 (‘CPA 1987’). Another route to compensation is through the Government Vaccine Damage Payment Scheme (‘VDPS’).
Myocarditis and the Pfizer vaccine
Myocarditis is a condition that causes inflammation of the heart muscle, which can affect the heart’s ability to pump blood or cause abnormal heart rhythms. Over time, this can result in an enlarged and weakened heart. Common symptoms include fatigue, heart palpitations, breathing difficulties and chest pain. In most cases, the heart either recovers itself or with appropriate treatment, leaving no lasting effects. However, some individuals can go on to develop more serious conditions, such as cardiomyopathy, where the heart’s ability to pump blood is severely affected. In severe cases, this can result in heart failure.
It should be noted that, although myocarditis and pericarditis share similar symptoms, these are distinct conditions. Pericarditis is inflammation of the lining of the heart. In some cases, an individual can suffer from both conditions at the same time. This is known as myopericarditis.
Myocarditis is most commonly caused by a viral infection. However, Pfizer has also accepted that it is a recognised side effect associated with its COVID-19 vaccine. Reports of adverse reactions began to emerge in 2021. In July 2021, the EMA published an update linking the Pfizer COVID-19 vaccine to rare occurrences of myocarditis. The MHRA followed in December 2021. Myocarditis as a rare, adverse reaction to the Pfizer COVID-19 vaccine is also recognised in The Green Book, the UK’s official guidance for vaccines and vaccination procedures.
If you have been diagnosed with myocarditis following vaccination, you may be entitled to seek compensation. There are two main ways to obtain compensation: issuing a formal claim at court and making an application to the VDPS.
What is a Product Liability Claim?
The CPA 1987 enables individuals to obtain compensation by bringing a civil claim directly against a vaccine manufacturer. A claim must be brought within three years of the injury or three years of knowledge of the injury in accordance with s.11(4) of the Limitation Act 1980.
A diagnosis of myocarditis may therefore give rise to a product liability claim, provided the claimant can establish that the vaccine was defective and, on the balance of probabilities, caused their injury. In practice, these claims are likely to require expert evidence to support a causal link. It is important to establish that the vaccine in particular is identified as the cause rather than another potential cause, such as a pre-existing medical condition, relevant co-morbidities, or a viral infection contracted around the time of vaccination.
What about the VDPS?
The VDPS is a Government scheme that offers a one-off, tax-free payment of £120,000 to applicants who have been severely disabled following their COVID-19 vaccination. To succeed under the scheme, the applicant must prove, on the balance of probabilities, that the vaccine caused the injury and that this resulted in at least a 60% disablement. Applications are subject to a strict six-year time limit which runs from the date of vaccination.
In 2021, the UK COVID-19 Inquiry was established to examine the UK’s response to the COVID-19 pandemic. Chaired by Baroness Hallett, the public inquiry was split into various modules, each examining a different aspect of the impact of the pandemic. Module 4 concerned ‘Vaccines and therapeutics’, and a report on the same was published on 16 April 2026.
In her report, Baroness Hallett recommended that the VDPS be reformed, observing that there must be “appropriate financial support in those rare cases of people suffering side effects”. Those recommendations reflect concerns that the current scheme does not sufficiently support individuals who have been harmed by a vaccine. It is hoped that the Government will give careful consideration to the report’s recommendations and implement reforms to improve the support available.
How Taylor Hampton can help
Taylor Hampton has significant experience in product liability cases, including matters involving vaccine-related heart conditions, such as myocarditis and pericarditis. Our solicitors work efficiently to protect your interests and can help you obtain substantial compensation. Contact us today for an initial free consultation to see how we can help you.
Disclaimer: This article is provided for general information purposes only and does not amount to legal advice. Civil procedure rules and case law may change over time. You should always seek professional legal advice tailored to your own circumstances before taking any action.