Two lawsuits working their way through the U.K. court system could determine the fate of a class-action suit filed against AstraZeneca by more than 80 people who allege they or a family member were injured by the drugmakerâs COVID-19 vaccine.
By Michael Nevradakis, Ph.D. | The Defender
Two lawsuits working their way through the U.K. court system could determine the fate of a class-action suit filed against AstraZeneca by more than 80 people who allege they or a family member were injured by the drugmakerâs COVID-19 vaccine.
The two lawsuits are being heard as test cases for the larger class-action lawsuit.
One of the test cases was filed in the U.K.âs High Court by Jamie Scott, a father of two who sustained a permanent brain injury as a result of blood clots caused by the vaccine in April 2021.
The Telegraph, reporting Wednesday on the Scott case, noted that the Oxford-AstraZeneca COVID-19 vaccine was âbranded âdefectiveââ and that case âwill suggest claims over its efficacy were âvastly overstated.ââ
The second test case was filed by the widower of 35-year-old Alpa Tailor, who died after receiving the AstraZeneca vaccine.
These âare the first lawsuits brought in England and Wales over an adverse reaction to a COVID-19 vaccine, according to publicly-available court records,â Reuters reported.
According to The Telegraph, âThe test cases could pave the way for as many as 80 damages claims worth an estimated ÂŁ80 million [$98.3 million] over a new condition known as vaccine-induced Immune Thrombocytopenia and Thrombosis (VITT) that was identified by specialists in the wake of the AstraZeneca COVID-19 vaccine rollout.â
Alex Mitchell welcomed the news that the lawsuits are proceeding. He received his first and only dose of the AstraZeneca COVID-19 vaccine on March 20, 2021. He collapsed at home just weeks later, on April 4. Today, he is an amputee and suffers from VITT.
âAs one of the participants in one of the U.K. class actions, I can say that itâs been nearly three years of waiting for a day like this to finally begin,â he told The Defender.
âI was initially given no hope of survival when I collapsed on the 4th of April 2021 and spending seven and a half hours in a surgery I wasnât expected to survive,â Mitchell told The Defender. âI then spent a week in isolation before I was amputated from above the knee on the 11th of April 2021. I have brain damage and sight issues among other symptoms from VITT.â
The 80 claimants banded together to form the VITT Litigation Group and have launched a crowdfunding campaign, stating that âAstraZeneca cannot continue to ignore the circumstances in which their vaccine has caused devastating injury and loss. Our legal case will seek to hold AstraZeneca to account.â
âThe claimants are pursuing a two-pronged strategy: taking legal action against the Consumer Protection Act 1987 as well as claiming payment under the government-run Vaccine Damage Payment Scheme,â which is limited to payouts of ÂŁ120,000 ($147,000) per claim, The Telegraph reported.
âPayment under the scheme does not preclude a claim for personal injury through the courts. Those taking action under the Consumer Protection Act must show that the vaccine was not as safe as the public were entitled to expect.â
âLife with VITT is one of not knowing whatâs going to happen to me, as they can only keep my blood stable at present and are so far unable to reverse the PF4 [anti-platelet factor 4] antibody,â Mitchell, now 59 years old, said.
âMy day-to-day is trying to heal what can be healed and deal with how I feel. Mental health is a big issue and unfortunately now having PTSD doesnât help,â he added.
The Telegraph cited figures from the U.K.âs Medicines & Healthcare products Regulatory Agency showing at least 81 U.K. deaths âare suspected to have been linked to the adverse reaction that caused clotting in people who also had low blood platelets.â Almost 1 in 5 people who suffered from the condition died as a result, according to the same data.
As of March 6, the U.K.âs Vaccine Damage Payment Scheme received 4,017 COVID-19 vaccine injury claims, of which 622 were related to the AstraZeneca vaccine, according to data cited by The BMJ.
Dr. Joel Wallskog is a Wisconsin orthopedic surgeon who no longer practices as a result of injuries he sustained from the Moderna COVID-19 vaccine. Today, he is co-chairman of REACT19, a nonprofit advocacy group representing vaccine injury victims.
Wallskog told The Defender he welcomed the AstraZeneca lawsuits:
âI empathize with the plaintiffs that were severely and permanently injured from their COVID-19 shots. I am cautiously optimistic that such litigation for some countries will result in greater societal awareness of the shot injuries and pressure on their elected officials to provide fair and just compensation.â
REACT19âs other co-founder, Brianne Dressen, who was injured by the AstraZeneca vaccine she received during a clinical trial, said, âThese cases are an important step to shine a light on the severe human impact of the mismanagement of vaccine harms.â
Dressen is now part of two lawsuits connected to her vaccine injuries, both of which she said are âsitting in federal court.â The legal developments in the U.K. âunfortunately donât impact my lawsuits, but Iâm very encouraged to see my fellow AstraZeneca injured colleagues seek justice,â she said, adding:
âWe shouldnât have to sue. If the system worked as it should, we would be taken care of and wouldnât be forced to seek justice through the courts. U.S. protections are the gold standard for the pharmaceutical companies â some of the worst globally for consumer protections due to the PREP [Public Readiness and Emergency Preparedness] Act.â
Pierre Kory, M.D., MPA, president and chief medical officer of the Front Line COVID-19 Critical Care Alliance, shared a more optimistic view, telling The Defender, âThis case could be the first of many that might impact the U.S. Justice is moving slowly but seems to be moving in the right direction.â
Kory also expressed his âhope this caseâs outcome signals a change for the millions of people suffering after COVID-19 vaccination. There is no replacement for your health, but I expect that this case creates a precedent that will allow the vaccine-injured to receive some justice for their suffering.â
Charlene Bollinger, founder and CEO of The Truth About Vaccines and The Truth About Cancer, also welcomed the news.
âThe dam of lies is finally breaking, and justice is finally going to be served to those who committed these crimes against humanity,â Bollinger said. âBut sadly, so many innocent people have had to pay the price with their life before the truth reached the high courts.â
Cardiologist Dr. Peter McCullough, has been outspoken in his criticism of the COVID-19 vaccines. He told The Defender:
âThe AstraZeneca/Oxford and Janssen [Johnson & Johnson] vaccines are manufactured by the same biodefense contractor, Emergent Biosolutions. These are both adenoviral DNA vaccines that deliver the gene that codes for the potentially lethal SARS-CoV-2 spike protein into the human body.
âThere are no controls over quantity and duration of the spike protein. The side effect profile, including nonfatal and fatal serious adverse events, are similar for the adenoviral DNA and mRNA COVID-19 vaccines.â
âPermanent and debilitatingâ brain injury after getting AstraZeneca vaccine
Jamie Scott filed a product liability lawsuit against AstraZeneca on Aug. 21, after being diagnosed with VITT, Reuters reported in August.
According to The Telegraph, Scott, who was 44 years old at the time, âalmost died after receiving the vaccine.â He âsuffered a catastrophic bleed on the brain and doctors called his wife, Kate, three times to tell her to come to the hospital to say goodbye to him.â
According to the VITT Litigation Group, âPrior to his vaccination, Jamie was a hands-on father of two young boys, a wonderful husband to his wife Kate, and a high-functioning IT specialist earning a good wage for his family.â
âWithin days of receiving his AstraZeneca COVID-19 vaccination, he suffered multiple blood clots resulting in permanent and debilitating brain injury,â confirmed to have been âcaused by the AstraZeneca COVID-19 vaccine,â the group added.
The Telegraph reported that Scottâs lawyers argued he sustained âpersonal injuries and consequential lossesâ as a result of the VITT. His legal claim alleges the vaccine was âdefectiveâ and argues that the vaccineâs product information did not include any warning regarding the risk of VITT.
Scottâs wife, Kate Scott, told The Telegraph, âWe cannot stand the injustice of it. We have been lobbying the government for 18 months for fair compensation for the injury caused by the vaccine.â
âWe were told by the government the vaccine was safe and effective but whatâs happened to Jamie has been life-changing and their [AstraZeneca] vaccine caused that,â she added.
In a statement shared by the VITT Litigation Group, Kate Scott said, âDue to the inadequacy of the Governmentâs Vaccine Damage Payment Scheme and AstraZenecaâs unwillingness to even talk to us, let alone to resolve these claims without a fight, our group has no choice but to seek compensation through the Courts,â she said.
âThose suffering VITT injuries or bereavement have not been acknowledged nor offered adequate compensation by AstraZeneca, nor by the UK Government that encouraged all of us to step up for vaccination,â she added.
âIt is understood AstraZeneca, in its legal response, denies causing Mr Scottâs injuries,â The Telegraph reported.
Such denials do not come as a surprise for Mitchell, who told The Defender that âGiven AstraZenecaâs behavior as a company so far, and their own past as one of the most fined companies in history, I expect nothing less from them.â
AstraZeneca vaccine allegedly used âriskyâ technology
The second test case before the U.K. High Court concerns the death of Alpa Tailor, who died in April 2021, less than a month after receiving the AstraZeneca vaccine. According to The Telegraph, âAn inquest in September 2021 determined she died from blood clots and bleeding on the brainâ caused by VITT.
Her husband, Anish Tailor, filed the lawsuit on Aug. 4, Reuters reported. Also filed as a product liability claim under the Consumer Protection Act, the lawsuit seeks damages of up to ÂŁ5 million ($6.14 million), according to The Telegraph.
On its website, the VITT Litigation Group highlights the stories of several other claimants who are part of the pending class-action lawsuit against AstraZeneca.
Lisa Shaw was a BBC radio journalist, wife and mother. She received the AstraZeneca COVID-19 vaccine in April 2021 and âShortly afterwards, she died because of blood clots that developed in her brain.â Her death certificate confirmed that her death was the result of complications stemming from her vaccination.
Her husband, Gareth Eve, told the VITT Litigation Group:
âMy son Zach (aged 8) and I live with the loss of Lisa every single day. Our house is a quiet place now. Days donât have the same glow. Grief casts a long shadow over everything. The gap left in our lives is immense. Losing a spouse turns life upside down. Everything changes. It wasnât supposed to be like this.â
Jane Wrigley was diagnosed with cerebral venous sinus thrombosis on March 30, 2021, âand underwent emergency surgery to evacuate multiple blood clots.â Clinicians attributed these blood clots to âVITT caused by the AstraZeneca vaccine.â
âJane was a very active and supportive grandma. She enjoyed running and outdoor activities, which are sadly now very limited,â the VITT Litigation Group wrote, adding that now, âJane can no longer care for herself and has extremely limited mobility.â
Ben Hollobone was 37 years old and in good health when he received his AstraZeneca vaccine â but 17 days later, he âdied alone in hospital.â Holloboneâs death certificate confirmed that his cause of death was VITT.
Daniel Harris, a father of a 2-year-old boy, died at the age of 32, even though he previously was âa fit and well young man.â According to an inquest, the VITT Litigation Group wrote, âhis cause of death was a Right Cerebral Haemorrhage Stroke and Vaccine-Associated Thrombosis with Thrombocytopenia, an adverse reaction to the COVID-19 vaccine.â
At 32 years of age, Dr. Stephen Wright was a senior clinical psychologist at the U.K.âs Great Ormond Street Hospital, and operated his own private practice. According to the BBC, Wright, who was the father of two young sons, died in January 2021, 10 days after he received the AstraZeneca vaccine.
His wife, Charlotte Wright, told the VITT Litigation Group, âStephenâs loss has had a devastating impact on us as a whole family; emotionally and financially. My sons will have to grow up without their father from a very young age which has had a profound effect on their lives and development and the long-term effect is unfathomable.â
âWe continue to suffer emotional trauma fighting to be heard and for the vaccine injured and bereaved families to finally get justice,â she added.
Neil Miller, a father of two, died on May 1, 2021, at the age of 50, due to complications of the AstraZeneca vaccine. In May, his wife, Kam Miller, told the Daily Mail that she received zero compensation or support from the U.K. government, leaving her struggling with her mental health and forcing her to sell her familyâs home.
Peter Todd, a lawyer with Scott-Moncrieff & Associates, a law firm handling claims from AstraZeneca vaccine victims, told The BMJ that his clientsâ complications âincluded stroke, heart failure, and leg amputations.â He also described the technology utilized by the AstraZeneca vaccine as ârisky.â
Sarah Moore, a partner at Hausfeld, another law firm representing many of the victims and their families, wrote in The Telegraph: âIt is plainly factually inaccurate to claim that vaccines do no harm given the experience of our client group.â
âBy beginning a legal battle against AstraZeneca, the vaccine injured and bereaved will use the law to seek accountability and compensation for the deaths of their loved ones and the life-changing injuries that many in the group have sustained,â Moore added.
Moore previously told The BMJ that the ÂŁ120,000 payment offered to vaccine injury victims in the U.K. was ânothing,â as âMany were parents and many were caregivers.â
The Telegraph cited official U.K. government figures obtained via a Freedom of Information request, showing that the Vaccine Damage Payment Scheme has made 148 payouts â from which âat least 144 went to recipients of the AstraZeneca vaccine.â
Mitchell said he is âthe first living person to be awarded the U.K.âs Vaccine Damage Payment Scheme.â He described the experience of navigating this program as âhorrific and inhumaneâ and said it âneeds a full reform that would negate ordinary people from having to litigate.â
Was the UK government aware of AstraZeneca vaccine risks?
According to The Telegraph, the lawsuits âwill raise questions about what the U.K. authorities knew about concerns over the vaccine and how they were handled.â
The Telegraph cited a statement by Sir John Bell, regius professor of medicine at Oxford University and former adviser to the U.K.âs Joint Committee on Vaccination and Immunisation, who said, âIt is an asteroid-like risk from the AstraZeneca vaccine. There is a risk of getting hit by an asteroid but it isnât very big.â
The Telegraph also cited revelations from the âLockdown Files,â now being examined by the U.K.âs Covid-19 Inquiry, indicating that the U.K. government was aware of problems with the AstraZeneca vaccine just âa few weeks into the vaccineâs rollout.â
One document revealed that Bell told a health official AstraZeneca âmisjudged some things like clinical trials data and manufacturing.â
Yet, in January 2021, then-U.K. Health Secretary Matt Hancock told the U.K. Parliament about the AstraZeneca vaccine, âI would like to stress that the data so far on this vaccine suggests that there will be no adverse reactions, and so no liabilityâ â a claim now referenced by lawyers representing the plaintiffs in the cases against AstraZeneca.
Hancock sought an indemnity for AstraZeneca, according to The Telegraph, in the âvery unexpected event of any adverse reactions that could not have been foreseen through the robust checks and procedures that have been put in place.â
The BMJ says this legal protection is in place, writing that âEven though the legal claim is against AstraZeneca, the UK taxpayer will have to pay any compensation awarded, under a legal indemnity that the government gave the company early in the pandemic.â
Behind every statistic, âthere is a family or human being going through hellâ
In late 2020, Boris Johnson, then-U.K. prime minister, called the vaccine a âtriumph for British science.â However, according to The Telegraph, âIn the months following the rollout, the serious side effect of the AstraZeneca jab was identified by scientists.â
Yet, The Telegraph also reported that âIndependent studies show the AstraZeneca vaccine was incredibly effective in tackling the pandemic, saving more than six million lives globally in the first year of the rollout.â
However, according to The BMJ, in 2021, the U.K.âs Medicines & Healthcare products Regulatory Agency found a possible link between the vaccine and VITT.
In April 2021, the U.K. stopped administering the vaccine to those under 30, and the following month, stopped its administration to those under 40, The Telegraph reported.
In March 2021, Germany stopped administering the AstraZeneca vaccine to those under 60 over the risk of ârare blood clots,â while the following month, Denmark withdrew the vaccine entirely due to the blood clot link.
Also in March 2021, the U.S. Data and Safety Monitoring Board suggested that AstraZeneca may have provided âoutdated informationâ to U.S. authorities, which provided âan incomplete viewâ of the results of its clinical trials.
Despite these known dangers, the World Health Organization (WHO) said in December 2021 the AstraZeneca vaccine was âexcellent,â adding that âthere is no indication to not use it.â The WHO reiterated these claims in June 2022, saying the AstraZeneca vaccine is âsafe and effective for all individuals aged 18 and above.â
Yet, in July 2022, the U.K.âs Prescription Medicines Code of Practice Authority ruled that AstraZeneca had violated its code in repeatedly referring to the COVID-19 vaccine as âsafeâ in a December 2020 press release and that its claims âwere based on relative risk reduction ⊠and not absolute risk reduction ⊠which was a vastly smaller number.â
The AstraZeneca vaccine was never publicly offered in the U.S., and today, it is no longer administered in the U.K.
In response to the ongoing litigation, AstraZeneca told The Telegraph in a statement âPatient safety is our highest priority and regulatory authorities have clear and stringent standards to ensure the safe use of all medicines, including vaccines. Our sympathy goes out to anyone who has lost loved ones or reported health problems.â
âFrom the body of evidence in clinical trials and real-world data, Vaxzevria [the AstraZeneca COVID-19 vaccine] has continuously been shown to have an acceptable safety profile and regulators around the world consistently state that the benefits of vaccination outweigh the risks of extremely rare potential side effects,â the company added.
Wallskog told The Defender that âThe incidence of adverse events is unknown, because of the lack of study and transparency regarding adverse events,â while Dressen said âAstraZeneca should be pulled from the global markets. Even in clinical trials, it had a rate of serious adverse events at 2.5 times higher than all of the other vaccines.â
Mitchell, who appeared in the documentary âSafe and Effective: A Second Opinion,â said he âset out two and a half years ago to raise awareness of VITT and the lack of any help and support,â adding, âBehind every statistic and piece of data you read, please remember that there is a family or a human being going through hell,
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