Can you claim compensation for vaccine injuries in Australia? The answer is yes. Vaccination is arguably one of the most significant advancements in public health history. It protects individuals and communities from preventable infectious diseases and offers numerous benefits across public health.
However, some people may experience rare adverse effects of the vaccine. Some of the reasons are:
- Each person’s immune system reacts differently to vaccines.
- Some people might have underlying or pre-existing medical conditions that may be prone to vaccine side effects.
- Some individuals can have allergic reactions to vaccines which were tested during clinical trials.
Thus, the Australian Government has a program known as the COVID-19 Vaccine Claims Scheme. This scheme aims to compensate those who received a TGA-approved COVID-19 vaccine but experienced some adverse effects.
Vaccine Safety Datalink News
The Centers for Disease Control and Prevention (CDC) analyzed data from the Vaccine Safety Datalink (VSD) regarding the safety of the updated (bivalent) Pfizer-BioNTech COVID-19 vaccine in individuals aged 65 and older. This analysis followed an initial observation in the VSD system, which was not confirmed by other vaccine safety monitoring systems.
As more data became available, the initial finding became less evident, and scientists believe it may not be related to the vaccine. Currently, the available evidence does not suggest any safety concerns related to the bivalent vaccine in this age group. The CDC and FDA will continue to monitor vaccine safety and provide updates as needed.
Vaccine Injuries: What Should We Know About the Scheme?
The COVID-19 Vaccine Claims Scheme offers financial assistance to those who are adversely affected by the vaccine. Launched in July 2021, this scheme acknowledges the rare possibility of such reactions while ensuring those affected receive appropriate compensation.
Specifically, the scheme covers losses or expenses of AUD 1,000 and above due to the administration of a TGA-approved COVID-19 vaccine, or due to an adverse event that is recognised to be caused by a COVID-19 vaccination.
As of February 2024, you can still file a vaccine injury claim under this Scheme. However, the Australian Government intends to close the Scheme until September 2024.
Understanding Eligibility and Coverage: Navigating the COVID-19 Vaccine Claims Scheme
Here are the important things you have to take note of if you want to avail of the scheme:
- Eligibility requirements
- You have received a Therapeutic Goods Administration (TGA) approved COVID-19 vaccine.
- You have met the definition of harm, for example, an administration-related injury or one of the clinical conditions listed in the policy.
- Admission to the hospital as an inpatient or claimed a waiver if seen in an outpatient care setting for an eligible clinical condition.
- Admission to the hospital as an inpatient for an administration-related injury.
- Your losses or expenses in relation to the event must be $1,000 or more.
- Coverage of the Scheme
You can actually claim various costs related to COVID-19 vaccine injuries. Services Australia provides a list of these costs:
- lost earnings
- Out-of-pocket expenses
- paid attendant care services.
- gratuitous attendant care
- loss of capacity to provide domestic services.
- pain and suffering costs (this can only be claimed if you’re claiming another claim loss category, excluding deceased COVID-19 vaccine recipient payments and funeral costs)
- deceased COVID-19 vaccine recipient payments and funeral costs.
However, the scheme is not meant to compensate for common and mild side effects like pain at the injection site, fever, or fatigue. These are generally considered expected reactions and resolve within a few days.
In addition, any medical expenses or lost income related to pre-existing conditions that may be exacerbated by the vaccine (but not directly caused by it) are also not covered.
- Some helpful links
To know more about this Scheme, you can check out Services Australia for updated information regarding the coverage, eligibility, and claim procedure. You might want to start with the links below:
Vaccine Injuries: What Are AEFIs?
According to the Australian Immunisation Handbook, adverse events following immunisation or AEFIs are those “untoward medical occurrences that follow immunisation. It does not necessarily have a causal relationship with the vaccine”.
In New South Wales (NSW), AEFIs are notifiable conditions according to the NSW Public Health Act. Thus, authorities must report AEFI notifications to the Therapeutic Goods Administration (TGA).
By administering the pre-vaccination screening checklist to every patient before immunisation, immunisation providers can reduce the likelihood of significant adverse events, such as vaccine related injuries.
Any individual with a condition that raises the possibility of a negative outcome or precludes immunisation is listed on the checklist. Investigating prior adverse events that are documented during the pre-vaccination screening is recommended.
Furthermore, it is essential for those who give immunisations to:
- administer injections correctly to reduce the possibility of major side effects like Shoulder Injury Related to Vaccine Administration (SIRVA) and
- consult the Australian Immunisation Handbook’s chapters on certain diseases.
Vaccine Injuries: How to Report AEFIs?
AEFI reports help monitor the safety of licensed vaccines and immunisation programs in NSW. By detecting potential safety concerns early, public health authorities can take appropriate action, such as:
- investigating further,
- issuing new recommendations, or
- even temporarily pausing a specific vaccine if necessary.
Moreover, early detection and response can prevent AEFIs from becoming wider public health issues, protecting individuals and communities from potential harm.
To report suspected AEFIs, there are two things you must do:
- Download and fill out the National Adverse Events Following Immunisation Reporting Form.
- Contact your local Public Health Unit on 1300 066 055.
Read this: Questions About Vaccination
Vaccine Injuries: Benefits Outweigh Adverse Effects
Vaccination stands as one of the most significant triumphs in public health history. In NSW, vaccination programs save countless lives and reduce the burden of preventable diseases. From measles and polio to COVID-19, vaccines offer a powerful shield that safeguards individuals and communities from life-threatening diseases.
However, it’s important to acknowledge that, like any medical intervention, vaccination carries a rare possibility of adverse events. While the majority of individuals experience no or mild side effects, having knowledge and understanding of these possibilities and the support systems available is imperative for informed decision-making.
Vaccines work by training our immune system to recognise and combat specific viruses or bacteria. This acquired immunity significantly reduces the risk of contracting a disease, preventing its spread, and protecting vulnerable populations who cannot be vaccinated due to age or medical conditions.
While the benefits of vaccination are undeniable, rare instances of adverse events can occur. These can range from mild reactions like soreness at the injection site to more serious, but extremely uncommon, events.
Connect with JB Solicitors
Do you or a loved one suffered vaccine injuries? Was there case one of the selected adverse events reported in Australia? If so, it is necessary to seek legal advice as soon as possible. Take action today by connecting with one of our lawyers at JB Solicitors. We can help you understand your legal rights and options and guide you in claiming compensation for vaccine injuries in NSW.
Contact us today to discuss your case and get the help you need to protect your rights and get the compensation you deserve.