Introduction
Vaccines play a vital role in protecting our health. However, like many other medicinal products, vaccines can on rare occasions cause side effects. These side effects (also known as ‘adverse drug reactions’) are often mild and short-lived, though in some instances individuals may experience rare but very serious reactions.
Such examples include Vaccine-Induced Immune Thrombocytopenia and Thrombosis (‘VITT’) and Thrombosis and Thrombocytopenia Syndrome (‘TTS’). If you or a loved one has been diagnosed with VITT or TTS following your COVID-19 vaccination, you may be entitled to pursue compensation. This may be through either a product liability claim under section 2 of the Consumer Protection Act 1987 (‘CPA’) or through a Government scheme called the Vaccine Damage Payment Scheme (‘VDPS’).
What are VITT and TTS?
VITT and TTS are rare conditions involving both blood clotting and low platelet count. According to an NHS Oxford University Hospitals Foundation Trust report, these conditions can occur when the body produces antibodies that react with a protein known as Platelet Factor 4. These antibodies abnormally activate platelets and the blood-clotting system, leading to dangerous blood clots forming within blood vessels. This can impact blood flow and cause significant damage to organs.
Both conditions are relatively rare, and it can sometimes be difficult to obtain a diagnosis. As a result, diagnoses are often obtained through specialist clinicians like haematologists.
AstraZeneca COVID-19 vaccine
Following the widespread rollout of the AstraZeneca vaccine, reports of VITT and TTS emerged in several countries. On 7 April 2021, the Joint Committee on Vaccination and Immunisation released a statement which explicitly categorised both VITT and TTS as side effects of the AstraZeneca vaccine. As such, the product labelling was updated to include both conditions as recognised side effects. This is particularly significant as, in doing so, the manufacturer has acknowledged that the condition can occur following administration of the vaccine. Whilst this does not prove that every case is caused by the vaccine, it is still relevant to the issue of causation. 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, claimants may face a less onerous evidential burden in establishing the causal link between the product and sustained injury.
What is a Product Liability Claim?
A product liability claim can arise when a product or device is defective and causes harm to an individual. The relevant legislation is the CPA 1987 which imposes strict liability on producers for damage caused by defective products. If you have been diagnosed with VITT or TTS, you may be able to bring a product liability claim. Your condition may have had serious consequences on your life and wellbeing, including causing you to take time off work, incur medical costs and travel costs, and make adaptations to your home to manage any long-term injuries. Such losses may be recoverable under a product liability claim.
Limitation
For product liability claims in relation to personal injuries, claims are subject to a three-year limitation period. This means that a claimant must generally bring proceedings within three years from the date on which the damage occurred or from the date they first had the knowledge required to bring a claim (section 11A Limitation Act 1980). In addition, a product liability claim is subject to a ten-year long stop period, under part 1 of the CPA 1987, meaning that no claim may be brought more than ten years after the product was first put into circulation, regardless of when the injury was discovered. However, in certain circumstances, the court has discretion under section 33 of the Limitation Act 1980 to extend the three-year limitation period where it is equitable to do so. When exercising this discretion, the court will consider factors such as the reasons for the delay; the extent to which the evidence has been affected; and the prejudice that each party would suffer if the claim were allowed to proceed. This discretion does not apply to the ten-year long stop period, which is absolute.
What is the VDPS?
The VDPS is a one-off, tax-free payment of £120,000 awarded to those who have been harmed by a vaccine. To be successful under the scheme, applicants must be able to prove, on the balance of probabilities, that the vaccine caused the injuries and that those injuries reach a 60% disablement severity threshold. In terms of time limits, for adults an application should be made by whichever is the latest of the following dates: on or before their 21st birthday (or if they have died, the date they would have reached 21) or within six years of vaccination. For children, a claim cannot be made until they are two years old.
If VITT or TTS have left you severely disabled, you may be eligible for this award. A VDPS payment is not compensation for the full extent of the injury or financial losses sustained, therefore receiving a VDPS award does not prevent an individual from pursuing a separate civil claim for compensation.
How Can We Help?
Taylor Hampton provides expert representation to those harmed by defective medical products, helping individuals to obtain substantial compensation. The firm has decades of experience representing clients in both complex civil claims as well as making applications on behalf of individuals to compensation schemes. If you consider that you or your loved one has been injured as a result of a vaccine, please contact us Contact Us for a free consultation.
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.