A class action lawsuit has been lodged in the Federal Court of Australia against the Australian Government, the Department of Health and Aged Care Secretary Dr. Brendan Murphy, and the Deputy Secretary of Health Products Regulation Group Adjunct Professor John Skerrit.
The suit, which includes over 500 claimants, seeks compensation for injuries allegedly sustained from COVID-19 vaccines, according to Sydney Criminal Lawyers.
The court documents allege that the respondents’ promotion and use of approved COVID vaccines amount to negligence and/or misfeasance.
The claimants argue that this negligence or misfeasance led to various damages, including personal injury, healthcare costs, additional expenses, economic loss, and non-economic loss.
The lawsuit asserts that the government owed a duty of care to the public, which was breached by not adequately informing about vaccine risks, not thoroughly researching vaccine impacts, and creating repercussions for those who chose not to get vaccinated.
These breaches, they claim, resulted in injuries.
The suit also alleges civil misfeasance in public office, where government officials intentionally inflicted injury or acted with the knowledge that their conduct could cause harm, Sydney Criminal Lawyers notes.
The government’s power to act in this manner will likely be a focal point of this part of the claim.
Despite the lawsuit, the government has not formally responded.
However, a Therapeutic Goods Administration (TGA) safety report from April stated that the adverse risks from COVID vaccinations are extremely low, with a rate of just 0.2%.
The report emphasized that “The protective benefits of vaccination far outweigh the potential risks.”
The class action is led by Queensland GP Melissa McCann, who raised over $100,000 through crowdfunding to initiate it.
Three representatives named in the suit allege severe injuries, including myopericarditis leading to open heart surgery, a debilitating neural disorder, and severe spinal cord inflammation resulting in the inability to walk unassisted.
The lawsuit comes amid criticism of the Australian Government’s handling of vaccine information and injury reports.
Critics argue that the government and health authorities silenced doctors and downplayed potential vaccine side effects, while mainstream media largely ignored personal accounts of vaccine injuries shared on social media.
The Australian Government established a compensation scheme for vaccine injury claims, but it has been criticized as “not fit for purpose.”
Claimants have reported slow responses, high costs for additional medical tests, and complex requirements, including the need for a medical professional to certify a link between a person’s condition and a vaccine reaction.
As of April 12, Services Australia had received 3501 applications and paid 137 claims totaling over $7.3 million.
The lawsuit also raises questions about the ability of victims to sue vaccine manufacturers.
In the U.S., legislation protects vaccine manufacturers from liability for COVID vaccine-related injuries.
In Australia, compensation was initially set up for two vaccine manufacturers, AstraZeneca and the University of Queensland vaccine from Seqirus.
It remains unclear whether other manufacturers, including Pfizer, Moderna, and Novavax, have been granted similar protections.
