Class action lawsuit over Covid vaccine injuries

Class action lawsuit over Covid vaccine injuries targets the Australian government: 'There has been a cover-up'
By MAX AITCHISON FOR THE DAILY MAIL
26 April 2023

Class action filed at Federal Court on Wednesday
Government and medicines regulator named parties

A landmark Covid-19 vaccine injury class action lawsuit has been filed against the Australian government and the medicines regulator.

The nation-wide suit, which reportedly has 500 members including three named applicants, seeks redress for those allegedly left injured or bereaved by the Covid-19 vaccines.

One of the applicants who suffered a severe heart condition after getting the Pfizer jab is even claiming there was 'cover-up' during the vaccine rollout which hid the potential risks.

The federal government, the Therapeutic Goods Administration (TGA) and the Department of Health - in addition to a number of senior public servants - are all named as parties to the class action, which was filed in the New South Wales Federal Court on Wednesday.

The named parties are accused of negligence in their approval and monitoring of Covid-19 vaccines, breach of statutory duty and misfeasance in public office.

The lawsuit was organised by Queensland GP Dr Melissa McCann who raised over $105,000 through crowd funding.

Dr McCann said the injured and bereaved have 'suffered immense loss, pain and grief' and called out the alleged 'gaslighting and silence' they had been subjected to

'These injured and bereaved have suffered immense loss, pain and grief,' Dr McCann tweeted.

'Just as heartbreaking has been the gaslighting and silence, which has left them feeling abandoned. We cannot simply 'move on' from covid and leave them behind.'

Dr McCann has been critical of the existing compensation scheme, claiming it was 'not fit for purpose'.

'Many vaccine-injured Australians who cannot access compensation through the Services Australia scheme now find themselves abandoned, with no support,' Dr McCann said.

The size of the compensation claim being sought is not yet clear.

The TGA has been contacted for comment.

The TGA’s latest health safety report, published on 20 April, reveals that adverse risks are extremely low.

There were 138,307 total adverse event reports from nearly 66 million vaccine doses administered - a rate of just 0.2 per cent.

'The protective benefits of vaccination far outweigh the potential risks,' the report states.

Melbourne teacher Gareth O'Gradie is one of the named applicants on the class action. He was diagnosed with vaccine-induced pericarditis and required open heart surgery

The medicines regulator has identified a total of 14 reports where the cause of death was linked to vaccination and said there was no new vaccine-related deaths identified since 2022.

'The TGA closely monitors reports of suspected side effects (also known as adverse events) to the COVID-19 vaccines,' it said.

'This is the most intensive safety monitoring ever conducted of any vaccines in Australia.'

But instructing solicitor Natalie Strijland, of Brisbane law firm NR Barbi, said the action would argue the TGA caused considerable harm and damage by failing to regulate the COVID-19 vaccinations properly.

The class action names three applicants, one of whom is 41-year old father-of-two Gareth O'Gradie.

Mr O'Gradie, a teacher from Melbourne, was left with a 20-centimetre scar down his chest after developing severe pericarditis — inflammation of the lining around the heart — following his first Pfizer vaccination in July 2021.

He did not respond to various medications and therapies and in February 2022 doctors performed open heart surgery to remove his pericardial sac lining his heart.

The TGA said myocarditis and pericarditis were 'usually temporary conditions, with most people getting better within a few days', noting that the Australian Technical Advisory Group on Immunisation (ATAGI) 'continues to emphasise that the protective benefits of the vaccines far outweigh the rare risk of these side effects'.

But Mr O'Gradie believes there has been 'misinformation about the safety' of the vaccines from the government.

'I think there has been some cover-up,' he told news.com.au.

'There was a lot of, you know, 'We need to not scare the public as part of the vaccine rollout, so let's not publicise these things.' There was a large, intentional withholding of information — that doesn't give people informed consent.'

He claimed that he was 'totally not or never have been anti-vaccine'.

'I'm pro-science, I'm well educated,' he said.

Mr O'Gradie told The Australian that he was worried about the 'anti-vaccine lobby piggybacking' on the class action.

He is joined by two other lead claimants: Antonio Derose, 66, who developed encephalomyelitis (inflammation in the brain and spinal cord) following his AstraZeneca jab and Anthony Rose, 47, who claims severe cognitive impairment and chronic fatigue following his Moderna vaccination.

The existing compensation scheme, which is open to Australians who 'suffer a moderate to severe impact following an adverse reaction to a TGA-approved COVID-19 vaccine', has been heavily criticised for being difficult to access and too narrowly focused.

As of April 12, Services Australia had received 3501 applications and paid 137 claims totalling more than $7.3 million. Another 2263 claims are still in progress, while 405 have been withdrawn and 696 deemed not payable.