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The class action against Australia for Covid-19 vaccine damage: what happens and will it be successful?

Let's start by saying that this type of class action is not possible in Italy, where the civil procedure laws are very different from those of the Australian Commonwealth. So those who have suffered damage from the Covid vaccine will have to take a different path.

A class action lawsuit for damages caused by the Covid vaccine has been initiated in Australia, one of the strictest countries in applying vaccination obligations on the matter.

The plaintiffs, called to answer for the damages, are the Australian Commonwealth government and the TGA, Therapeutic Goods Administration, the entity responsible for drug controls, i.e. the equivalent of our ANIA. The class action, organized and funded by Queensland GP Dr Melissa McCann, targets the Commonwealth government.

Among the first three applicants is Gareth O'Gradie who with a 20cm scar on his chest remembers very well the damage caused by severe pericarditis caused by the vaccine, a disease that made him lose his health and caused him three months of hospital hell. A healthy, sporty teacher, father of two whose life was ruined by the side effects of the vaccine.

Another top three giver is Anthony Rose, 46, who experienced crippling fatigue and debilitating neurological symptoms after taking Moderna, but with no definitive link to the vaccine and no proper diagnosis, and who is now abandoned to himself, risking becoming a bum.

The allegations of the plaintiffs

The lawsuit alleges that the defendants approved the vaccines "without any adequate or reasonable rationale or evidentiary basis to reasonably determine that the vaccines were safe, effective, and had a positive benefit-risk profile."

“The lawsuit will argue that the Therapeutic Goods Administration has failed to fulfill its duty to adequately regulate Covid-19 vaccines, causing considerable harm to Australians,” said Natalie Strijland of law firm NR Barbi, who is following the plaintiffs, in a statement. communicated.

Ms Strijland said the lawsuit "arises because the government did not really establish that the vaccines were actually safe or effective for use by the Australian public, and the claim is now proceeding on the basis that that the government actually acted negligently in approving vaccines and did not withdraw them after approval based on known evidence.”

“Australians who have suffered a serious adverse event following the Covid-19 vaccination are urged to come forward and register for this class action.”

A spokesperson for the Department of Health and Aged Care said: "The Department is aware of proceedings initiated today in the Federal Court of Australia by claimants represented by NR Barbi Solicitor Pty Ltd. As the matter is all examination by the court, it is not appropriate to make further comments.

According to Dr McCann, nearly 500 people have already provided details of their injuries and expressed their interest in joining the action. This initiative was necessary because the Australian government's vaccine compensation scheme was not sufficient, resulting complex, limited and economically inadequate.

As of 12 April, Services Australia, which handles vaccine damage claims, had received 3,501 applications and paid 137 claims totaling over $7.3 million. A further 2263 claims are still pending, 405 have been withdrawn and 696 have been deemed unpayable.

Dr McCann said the scheme was not 'fit for purpose' and had left many vaccine-injured Australians 'abandoned without any support' after promises of 'fair and affordable' compensation.

Reports to the TGA

As of April 16, the TGA had received 138,307 adverse event reports out of nearly 66 million administered doses, a rate of 0.2%.

The drug regulator identified 14 reports in which the cause of death was related to vaccination, out of 985 reports received and reviewed. “No new vaccine-related deaths have been identified since 2022,” the TGA said in its latest safety report.

“The TGA closely monitors reports of suspected side effects (also known as adverse events) to Covid-19 vaccines.” This is the most intense safety monitoring ever conducted for any vaccine in Australia."

The TGA stated that myocarditis and pericarditis are “usually temporary conditions, with most people improving within a few days”, noting that the Australian Technical Advisory Group on Immunization (ATAGI) “continues to stress that the The protective benefits of vaccines far outweigh the rare risk of these side effects."

According to the appellants, well educated people, there was an underestimation of the risks which was followed by an attempt to cover up the reports of adverse effects. The pericarditis and other adverse effects were not temporary but long-term and ruined the lives of many citizens starting with the applicants.

The cause is in its early stages and its success will depend directly on whether a link between vaccination and adverse effects can be demonstrated and whether the TGA has actually ignored it, even though they know or suspect it. The adverse effects material is remarkable so that the plaintiffs' victory is not impossible.


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The article The class action against Australia for Covid-19 vaccine damage: what happens and will it be successful? comes from Economic Scenarios .


This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/la-class-action-contro-laustralia-per-i-danni-da-vaccino-covid-19-cosa-succede-e-potra-avere-successo/ on Sat, 06 May 2023 08:00:53 +0000.