Introduction
Vaccination remains one of the most effective public health measures for preventing serious infectious diseases. However, on a small number of occasions, vaccines may carry a small risk of adverse reactions. In the vast majority of cases these reactions are mild and short-lived, but on rare occasions, more serious complications can occur.
Guillain-Barré syndrome (‘GBS’) is a rare neurological condition, which has been recognised as a side effect of the AstraZeneca COVID-19 vaccine. There are also official reports which suggest that the condition may be caused by the Pfizer-BioNTech or Moderna COVID-19 vaccines. If you or a member of your family has been diagnosed with GBS following vaccination, you may be entitled to obtain compensation. The legal avenues available include a product liability claim under the Consumer Protection Act 1987 (‘CPA 1987’) or a Government scheme called the Vaccine Damage Payment Scheme (‘VDPS’).
What is Guillain-Barré Syndrome?
GBS is an uncommon autoimmune disorder affecting the peripheral nervous system. It typically develops over the course of hours or days. Common symptoms include pins and needles or a tingling sensation in the hands or feet, pain in the legs or back, breathing difficulties, drooping facial muscles and vision issues. GBS most commonly develops following an infection, but in some rare cases, it can be caused as a result of a COVID-19 vaccination.
COVID-19 Vaccines
Following the rollout of the COVID-19 vaccines, the UK MHRA identified a small increased risk of GBS following vaccination. As a result, the product labelling for these vaccines was updated to include GBS as a recognised side effect. This is highly relevant to the issue of causation, which is crucial for these kinds of claims. In product liability claims, causation is often one of the most contested elements. However, where a manufacturer has accepted that a specific injury may result from the use of its product, there is likely to be a less onerous evidential burden on the claimant to establish a causal link between the product and sustained injury.
Product Liability Claims
Where an individual suffers an injury because of a defective product, they may be entitled to pursue a claim under the CPA 1987. Unlike a negligence claim, liability under the Act does not require proof that the manufacturer acted negligently. Instead, the issue is whether the product failed to provide the level of safety that persons generally were entitled to expect (s. 3(1) CPA 1987). If it can be established that a COVID-19 vaccine was defective and caused GBS, compensation may be available for the subsequent injuries and losses. It is important that a claimant is able to prove that the vaccine caused their injuries, rather than any other factors.
In most cases, court proceedings must be issued within three years of the date of injury or from the date on which the injured person first had knowledge of their injury. This is pursuant to s. 11(4) Limitation Act 1980.
In product liability claims, there is also a statutory ten-year long-stop period which runs from the date on which the product was first put into circulation under s. 11A(3) of the Limitation Act 1980.
In certain circumstances, the court can use its equitable discretion to extend the limitation period under s. 33 of the Limitation Act 1980. You may wish to seek legal advice in relation to whether an extension may apply to your particular case.
What is the VDPS?
The VDPS provides a one-off, tax-free payment of £120,000 where it can be shown, on the balance of probabilities, that a particular vaccine caused injuries, which resulted in at least 60% disablement to the individual.
If someone has died as a result of their injuries, their Estate can make an application on their behalf.
Applications must be made within six years of vaccination. There is typically a high evidential burden on the applicant to succeed on their application, often requiring solid supporting evidence including medical records, expert opinion, and the availability of supporting epidemiological evidence. At Taylor Hampton, we can support you in preparing the strongest possible application to this scheme.
It is important to note that an award under the scheme does not prevent an individual from pursuing a separate civil claim.
How Taylor Hampton can help
Developing GBS can have life-changing consequences, affecting an individual’s health, employment and independence. Determining whether there are grounds for legal action often requires careful consideration of the medical evidence together with an understanding of the applicable legal framework. Taylor Hampton can provide expert assistance with both an application to the VDPS and bringing a civil claim, helping you obtain substantial compensation for your injuries. Please contact us Contact Us for a free, initial consultation.
Disclaimer: This article is intended to provide general information only and should not be relied upon as legal advice. The law and procedural rules may change, and specific advice should always be obtained based on the facts of your individual case.