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No-fault vaccine injury compensation scheme must be introduced
A scheme to cover lost income, medical expenses, and personal care needs for those who get vaccinated must be implemented as an urgent priority, says a national plaintiff firm.
Jerome Doraisamy
In a statement, Shine Lawyers national medical law practice leader Clare Eves argued that the introduction of a no-fault compensation scheme for those who are “unlucky enough” to develop serious adverse side effects from taking a COVID-19 vaccine will help avoid “complex and expensive litigation”.
“While the risk of an adverse event arising from the COVID-19 vaccine is extremely rare, the recent death of a woman who developed blood clots after getting the AstraZeneca jab will force many in the community to question its safety. We believe anyone who is vaccinated for the benefit of society should be compensated for taking that – albeit statistically small – risk, if something goes wrong,” she said.
“That’s why Shine Lawyers is calling for the implementation of a no-fault vaccine injury compensation scheme to cover lost income, medical expenses, and personal care needs. At least 25 countries including the USA, UK, and New Zealand already have a no-fault vaccine injury compensation scheme. Australia, on the other hand, is lagging behind.”
As it currently stands, Ms Eves continued, any Australian who sustains a vaccine-related injury won’t receive any compensation for the suffering they may experience and must pay for the associated costs themselves.
“Getting Australians vaccinated is vital in order to regain precious freedoms, boost the economy and reconnect to the world but there has to be a strong level of trust between the government and the community,” she noted.
“A no-fault vaccine injury compensation scheme in Australia would cement that trust and there are a number of ways to pay for it.”
New Zealand’s scheme, she pointed out, is funded through taxation and levies, while the US is using a flat-rate tax per vaccine dose. In Asia and Europe, she continued, pharmaceutical companies also contribute.
“Any scheme in Australia should protect doctors from liability if a patient has an adverse reaction to the vaccine but civil action should still be allowed where there has been negligence by a health professional,” Ms Eves surmised.
“A scheme of this kind should have been introduced well ahead of the COVID-19 vaccine rollout but it’s better late than never.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly and HR Leader. He has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. In June 2024, he also assumed the editorship of HR Leader. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
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