If you have been injured from a vaccine, you may be eligible for relief in accordance with product liability principles.
Product liability refers to the legal obligation of a company to bear the consequences of designing, manufacturing, distributing, or failing to adequately warn consumers about defective or dangerous products. If you have experienced serious vaccine-related injuries, our team at Pushor Mitchell LLP can assist you.
OVERVIEW
In 2020, the world encountered unprecedented circumstances as a result of COVID-19, with the introduction of new health and safety measures and the implementation of vaccine initiatives. Consequently, Health Canada approved and promoted vaccines, and to this day, Immunize BC recommends vaccinations for everyone over the age of 6 months old, affirming that “COVID-19 vaccines are safe and provide good protection against severe illness and hospitalization due to COVID-19.”[1] Nevertheless, adverse injuries resulting from a vaccine may occur and can vary in severity, with adverse side effects ranging from minor to serious.
THE FEDERAL VACCINE INJURY SUPPORT PROGRAM
When COVID-19 vaccines began being administered in Canada, the federal government introduced the Vaccine Injury Support Program (“VISP”). VISP is a no-fault compensation program designed to assist eligible Canadians who have experienced a “serious and permanent injury” resulting from a Health Canada authorized vaccine on or after December 8th, 2020. The program aims to offer financial support to individuals vaccinated within Canada (excluding Quebec residents) who have a resulting injury defined as “severe, life-threatening or life-altering injury that may require in-person hospitalization, or a prolongation of existing hospitalization, and results in persistent or significant disability or incapacity, or where the outcome is a congenital malformation or death”. [2]
VISP stipulates that to qualify for compensation, all expenses must be directly related to the injury sustained and must be recognized by VISP as being linked to the authorized vaccine. VISP is not only available for the injured party, if you are a dependent of a family member who has passed away due to a vaccination, you may also be eligible for compensation. Note there are specific timelines within which you must file your claim or be forever barred from pursuing a claim. It is recommended you speak to a lawyer promptly to determine which timelines apply to your claim.
FURTHER COMPENSATION, OR COMPENSATION WHERE VISP IS UNAVAILABLE
Regrettably, many Canadians face challenges in obtaining compensation through VISP, either due to difficulties in receiving compensation or because the financial award they receive is insufficient in relation to their injuries. This is because individuals covered by VISP are restricted to a maximum claim of $284,000.[3] It is important to understand that applying for VISP and receiving compensation does not waive your right to pursue legal recourse through the courts for vaccine-related injuries. This means that if you have suffered a serious and permanent injury, you can make a claim to VISP and initiate a lawsuit. However, VISP’s website states that if you were compensated under VISP and received a subsequent court award or settlement compensation for the same injury, you may be required to repay some or all of the VISP support to avoid being compensated twice for the same injury.
KNOWN COVID-19 VACCINE-RELATED SIDE EFFECTS INCLUDE:
| Category | Known Side Effects |
| Auto-immune diseases
|
· Guillain-Barré Syndrome
· Thrombocytopenia (low blood platelets) |
| Cardiovascular system
|
· Cardiac arrest
· Cardiac failure · Myocardial infarction (heart attack) · Myocarditis/pericarditis (inflammation of the heart muscle and lining around the heart) |
| Circulatory system | · Cerebral venous (sinus) thrombosis
· Cerebral thrombosis · Cutaneous vasculitis · Deep vein thrombosis · Embolism · Hemorrhage (bleeding) · Pulmonary embolism · Thrombosis (blood clot) |
| Hepato-gastrointestinal and renal system | · Acute kidney injury
· Glomerulonephritis (kidney inflammation) and nephrotic syndrome (kidney disorder) · Liver injury |
Please note that this is not an exhaustive list, there are many more injuries that could be considered both serious and permanent.
NEXT STEPS
If you believe that you have sustained a serious and permanent injury due to a vaccine administered to you on or after December 8th, 2020, you might be eligible for compensation through VISP or by initiating a claim in court. While you do not require a lawyer to apply to VISP, having legal representation can be helpful in determining if your case qualifies as a serious and permanent injury, accessing the program, and commencing a claim. Pushor Mitchell LLP has expertise in vaccination injury claims. If you or someone you know has suffered a vaccine-related injury, please reach out to us to discuss the potential for making a claim.
How Can We Help You?
[1] See: https://immunizebc.ca/vaccines-by-disease/covid-19
[2] See: https://vaccineinjurysupport.ca/en/faq
[3] See: https://www.cbc.ca/news/canada/british-columbia/covid-19-vaccine-injuries-compensation-canada-1.6704655#:~:text=Claimants%20frustrated%20by%20delays,by%20the%20program%20so%20far.
