Introduction
Following the Pfizer-BioNTech’s COVID-19 vaccine rollout, there have been reports of cardiac complications as a result of the vaccine, including pericarditis. Whilst vaccines are an important tool for ensuring the overall wellbeing of public health, it is very important for those that have suffered serious side effects, such as pericarditis, to understand their legal standing. This article details how individuals who have suffered pericarditis as a result of their Pfizer COVID-19 vaccination can obtain compensation for the harm caused to them. This includes a product liability claim under the Consumer Protection Act (‘CPA’) 1987 and applications to the Vaccine Damage Payment Scheme (‘VDPS’).
What is Pericarditis?
Pericarditis is a condition which causes inflammation of the lining of the heart. Common symptoms cited by the NHS include sharp or stabbing chest pain, which can also spread to the shoulders, arms or stomach. Other symptoms include a high temperature, feeling hot, cold, or shivery, developing a cough or having painful joints.
Some individuals may also develop a similar condition called myocarditis, which causes inflammation of the heart muscle (this is sometimes referred to as ‘myopericarditis’). Due to the impact on the heart, these conditions have the potential to cause serious health problems.
A typical cause of pericarditis is a flu or viral infection. However, some individuals can develop this condition as a result of an injection of the Pfizer COVID-19 vaccine. If you have been diagnosed with this condition following your vaccination, you may be entitled to seek compensation. The main legal remedies are:
- A product liability claim under the CPA 1987.
- An application to the VDPS.
The Pfizer COVID-19 vaccine
In July 2021, the European Medicines Agency published an update linking the Pfizer COVID-19 vaccine to rare occurrences of pericarditis. The UK Medicines and Healthcare products Regulatory Agency published an update to the vaccine’s product information leaflet in December 2021 to include the risk of pericarditis as a side effect. This is very important as updates to the product labelling to include the condition as a recognised side effect demonstrates an official acknowledgement that the condition can occur following administration of the vaccine. When a manufacturer has already acknowledged that a particular injury can arise as a side effect of its product, claimants may find it somewhat easier, from an evidential standpoint, to demonstrate a causal connection between the product and the injury suffered.
What is a Product Liability Claim?
Section 2 of CPA 1987 allows individuals who have been harmed by a defective product to obtain compensation. If you have suffered pericarditis as a result of your Pfizer COVID-19 vaccine, then you may have a viable claim against the vaccine manufacturer. In product liability claims, there is a strict liability threshold, meaning that a claimant only needs to prove that they have been harmed by the vaccine to have a claim, regardless of any intent or fault by the defendant. Provided that the claimant can demonstrate the vaccine was defective, that its safety was not what people are generally entitled to expect, and that the defect directly caused their pericarditis, then there may be a viable claim.
However, a defendant may have a viable defence to a product liability claim under s. 4(1)(e) CPA 1987. This defence is known as the ‘development risk defence’ and relates to whether the harm caused by the product was “within scientific and technical knowledge” at the time of the injury. It is the defendant’s burden to prove this, but it can be a significant hurdle for a claimant to overcome. Further, as a product is considered defective when it is “not such as persons generally are entitled to expect” (section 3(1) CPA 1987), then any updates to a product information leaflet which clearly inform a user of a potential side effect, can provide a viable defence for a manufacturer in respect of any harm caused by said product. These are important considerations for a claimant and their legal representative when considering the merits of bringing a claim.
Limitation Periods
Personal injury claims arising from product liability are governed by strict limitation periods. Generally, a claimant must issue proceedings within three years of the date the damage occurred, or the date on which they first acquired the requisite knowledge to bring a claim (section 11(4) Limitation Act 1980). Unique to product liability claims, there is a further constraint in the form of a ten-year long stop period under section 11A(3) CPA 1987, which prevents any claim being brought more than ten years after the product was first put into circulation, irrespective of when the injury came to light. That said, section 33 of the Limitation Act 1980 gives the court discretion, in appropriate circumstances, to disapply the three-year limitation period where it would be equitable to do so.
What about the VDPS?
This scheme offers a one-off, tax-free payment of £120,000 if the applicant is found to be severely disabled as a result of a qualifying vaccination. A list of qualifying vaccinations can be found here, and includes COVID-19 vaccines. To be successful under the scheme, the applicant must prove, on the balance of probabilities, that the vaccine caused the injury and that this injury resulted in at least a 60% severe disablement. There is a strict six-year limit, which runs from the date of vaccination, to apply to the scheme. Different time limits apply if the applicant is under 21 years at the time of vaccination.
How Taylor Hampton can help you
Taylor Hampton has extensive experience in dealing with individuals who have suffered serious injuries. We work efficiently to ensure that your rights are protected and that you can secure the compensation you deserve. It is vital that action is taken as soon as practicably possible, and certainly before the time limit of three years (for a product liability claim) or six years (for the VDPS) expires. Contact us Contact Us for an initial, free consultation and to learn more about how we can help you.
Disclaimer: This article provides general guidance only and does not constitute legal advice. Civil procedure rules and case law can change. Always seek professional legal advice tailored to your specific situation before acting.