By Rosalind Fraser
Taylor Hampton offers legal support for individuals suffering from injuries following their COVID-19 vaccine.
Vaccine injuries
For the vast majority of people, vaccines are extremely safe. They are vital for protecting individuals and communities from serious diseases. However, a small number of individuals may experience rare adverse drug reactions following their vaccinations. During the COVID-19 pandemic, a number of vaccines were manufactured, supplied and administered in the UK, including by pharmaceutical giants AstraZeneca Ltd and Pfizer-BioNTech.
If you have been harmed by a COVID-19 vaccine, you may be able to obtain financial compensation for your injuries. Avenues for redress include making an application to the Vaccine Damages Payment Scheme (‘VDPS’) or issuing a claim in the High Court.
VDPS
The VDPS is a government scheme which provides a one-off, tax free payment of £120,000 to those harmed by vaccines. Applications are assessed on two primary bases:
- Has the vaccine (on the balance of probabilities) caused the injuries; and
- Does the applicant’s injuries amount to disabilities of 60% or more.
An applicant must apply to the VDPS within 6 years of either their injuries or the date of knowledge of their injuries (for example, the date of diagnosis). The application is reviewed by an independent medical assessor, who will consider your medical records as well as any supporting evidence when coming to their decision.
If you are unsuccessful in your application, there is an appeal process. The scheme requires any appeal to include an explanation of why you disagree with the decision along with any additional evidence (which was not already provided with your initial application) to support your belief.
Taylor Hampton is able to provide assistance to victims looking to make an application to the scheme. Our role may include:
- Conducting an initial case analysis to include considering any limitation or prima facie causation issues;
- Obtaining medical records on your behalf;
- Preparing the application;
- Dealing with any correspondence arising out of the scheme; and
- Providing assistance with making an appeal.
Issuing a claim
An individual may also wish to issue a product liability claim at court for their injuries. Such a claim is made under the Consumer Protection Act 1987 (‘CPA’). To be successful in a claim, the claimant must demonstrate that, on the balance of probabilities, the product was defective and is likely to have caused the claimant’s injuries.
Product liability claims confer strict liability on the defendant, meaning the claimant is not required to prove any fault or negligence on behalf of the manufacturer. A defendant may, however, have a number of defences available to it. This includes the development risk defence under s.4(1)(e) of the CPA 1987, which limits a producer’s liability for a product to the extent of scientific and technical knowledge (i.e. foreseeable risks) at the time of supply. A claimant may be able to circumvent this defence if their injuries are consistent with any adverse reactions listed on the product’s labelling. This means that anyone suffering from conditions like Thrombosis with Thrombocytopenia Syndrome (‘TTS’) or Guillain-Barré syndrome, which are listed as warnings on the AstraZeneca Ltd COVID-19 vaccine product characteristics, will have a much stronger claim.
You may also have a claim for clinical negligence against your healthcare provider if you believe you did not provide informed consent when receiving the vaccine. Informed consent requires healthcare providers to:
- Take reasonable steps to ensure a patient is aware of any material risks involved in a recommended procedure or treatment; and
- Inform the patient of any reasonable alternatives to that treatment.
Unlike the VDPS, individuals have 3 years from the date of either their injuries or the date of knowledge of their injuries to make a product liability or clinical negligence claim.
A claimant is not precluded from issuing a claim at court if they have previously made an application to the VDPS (whether their application successful or not).
At Taylor Hampton, we have a track record in dealing with High Court claims against large multinational corporations and are able to provide expert advice on highly technical and specialised areas of law.
Contact us
Taylor Hampton is able to offer expert legal advice to obtain compensation for victims following their vaccinations. If you would like legal advice on either making an application to the VDPS or issuing a claim at court, you can contact us here. In the right circumstances, the firm is able to offer assistance to clients on a no win, no fee arrangement or damages based agreement.
The personal injury and vaccine injury team at Taylor Hampton is led by Anna Johnston.