Can You Sue for a COVID-19 Vaccine Injury?

bottle vials of covid-19 vaccine in refrigeration storage

TORONTO - May 27, 2021: The World Health Organization declared COVID-19 a pandemic on March 11, 2020. Research teams, scientists, universities and manufacturers across the world raced to develop the COVID-19 vaccine and began testing on animals and then clinical trials on humans.

The Government of Canada acknowledges that having safe and effective COVID-19 vaccines available will be an important tool to help with the long-term management of COVID-19. Creating a new vaccine can take years. However, the development of vaccines for COVID-19 is progressing quickly for many reasons, including, advances in science and technology, international collaboration among scientists, health professionals, researchers, industry, and governments and significantly increased dedicated funding.

On December 9, 2020, Health Canada authorized the first vaccine in Canada for COVID-19. Health Canada maintains that all authorized vaccines are proven safe, effective, and of high quality.

Currently, the authorized vaccines in Canada are Pfizer-BioNTech, Moderna, AstraZeneca / COVIDSHIELD, and Janssen (Johnson & Johnson).

There is growing concern amongst people which calls into question vaccination safety. People are concerned with the fast-tracked approval of COVID-19 vaccines, and a large list of possible temporary side effects and reactions – including symptoms at the injection site, such as redness, soreness, swelling, and Flu-like symptoms, such as chills, fatigue, joint pain, headache, mild fever, muscle aches and more severe symptoms from the AstraZeneca / COVIDSHIELD vaccine such as rare blood clots.

While people could suffer from mild to severe side effects from COVID-19 vaccines, the vaccine manufacturers have a number of protections that minimize their liability risk.

The Government of Canada has confirmed that COVID-19 vaccine manufacturers are protected from liability when it comes to issues with their doses.

While COVID-19 vaccination is not mandatory in Canada, the vaccine is highly recommended.

And while the pharmaceutical companies might not be responsible for any adverse reactions to these vaccines, that doesn’t mean Canadians are left in the lurch in the exceedingly rare event that any vaccine — coronavirus or otherwise — causes them permanent harm.

In a December 10, 2020 press release, the government announced its intention to establish a “pan-Canadian no-fault vaccine injury support program” that provides Canadians with support in the “rare event that they experience an adverse reaction to a vaccine.” Such a program exists in Quebec, since 1985.

Vaccination is one of the most effective ways to protect us against COVID-19. Vaccines will be available at no charge over the course of 2021 to everyone in Canada.

If you experience a side effect following vaccination with a COVID-19 vaccine, contact your health care provider. Call emergency services right away if you develop any serious symptoms that could be an allergic reaction after vaccination.

If you or your loved one has been involved in an accident or have been denied insurance benefits, please contact JEWELL RADIMISIS JORGE LLP. and a member of our team will be happy to assist you.

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