December 9, 2022

Government Clarifies Vaccine Injured May Sue Manufacturers Despite Indemnity

The Government has responded to a  petition  calling on it to “ remove indemnity from the manufacturers of COVID-19 vaccines, to allow individuals to pursue claims for compensation towards them” by clarifying that “ individuals’ right to drag into court the producers of the vaccine” has not been removed.   Rather, the indemnity “ establishes who will pay the manufacturer’ s losses arising from this kind of […]#@@#@!!

The Government has taken care of immediately a  petition   calling on it to “ remove indemnity through the manufacturers of COVID-19 vaccines, to allow individuals to go after claims for compensation towards them” by clarifying that “ individuals’ right to prosecute the producers of the vaccine” has not been removed.  

Instead, the indemnity “ determines who will pay the manufacturer’s loss arising from such a claim”. What this means is the vaccine injured can sue the manufacturers, though the Government will foot the expenses.

The Government’s  response   states:

In August 2021, changes to the Human Medicines Rules 2012 were made to support the rollout of COVID-19 vaccines. Although the legislation provides partial immunity from city liability for vaccines supplied under emergency authorisation, this preserves individuals’ right to prosecute the producers of the shot under Part 1 of the Consumer Protection Act 1987. This provides an important level of protection if the safety of the product is not really such as people are generally entitled to expect, taking all conditions into account, and if that problem causes personal injury.

The Government adds that, as far as the Vaccine Damage Payment System (VDPS) is concerned, “ the particular figure of £ 120, 000 is a one-off lump-sum payment, not designed to protect lifetime costs for those impacted”.

“ A successful claim to VDPS does not stop an individual from bringing litigation against the vaccine manufacturer intended for damages as the VDPS is not a compensation scheme, ” it adds.

The Government’s full response to the petition is as follows.

The federal government cannot comment on the conditions on which COVID-19 vaccines had been supplied as these are confidential.

Even though the COVID-19 vaccines have been developed in pace, at no point and at no stage of development has safety already been bypassed. These vaccines possess satisfied, in full, all the essential requirements for safety, efficiency and quality.

The speed of the vaccine rollout put the U. K. in the strong position. The U. K. was the first country in the world to grant a temporary authorisation for and deploy the Pfizer and Oxford/AstraZeneca COVID-19 vaccines. The Oughout. K. was the first main European economy and 1st G20 member to vaccinate 50% of its population with at least one dose, and to supply boosters to 50% of the population.

The benefits of the COVID-19 vaccines rollout have been demonstrated in terms of open public health and allowing the gradual and safe removal of restrictions on everyday life over the past 18 months.

In general, indemnities provided to manufacturers do not prevent people from pursuing a legal declare against a manufacturer with regard to compensation. Rather, the indemnity determines who will pay the particular manufacturer’s losses arising from this type of claim.

Although the details of indemnity schemes are usually commercially confidential, we realize that many governments entered into this kind of arrangements to ensure ready access to COVID-19 vaccines.

In August 2021, changes to the Human Medicines Rules 2012 were made to support the rollout of COVID-19 vaccines. Although the legislation provides partial immunity from city liability for vaccines supplied under emergency authorisation, this preserves individuals’ right to sue the producers of the vaccine under Part 1 of the Customer Protection Act 1987. This provides an important level of protection if the safety of the product is not really such as people are generally entitled to expect, taking all conditions into account, and if that problem causes personal injury.

The Vaccine Damage Transaction Scheme (VDPS) is a no-fault scheme that provides a one-off, tax-free payment of £ 120, 000 to claimants who have been found, on the balance of probabilities, to have already been seriously disabled as a result of a vaccine for a disease listed in the Vaccine Damage Payment Act 1979. The number of £ 120, 500 is a one-off lump-sum payment, not designed to cover lifetime costs for those impacted.

It is in addition to the Government support package to those with a disability or long-term health, including Statutory Sick Spend, Universal Credit, Employment plus Support Allowance, Attendance Permitting, and Personal Independence Payments.

A successful claim to VDPS does not stop an individual from bringing litigation against the vaccine manufacturer for damages as the VDPS is not a compensation scheme.

This means that, notwithstanding the indemnity, the vaccine injured can bring action for damages contrary to the vaccine manufacturers, albeit with taxpayers on the hook for your bill.

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