COVID-19 Vaccine Claims Scheme

The COVID-19 Vaccine Claims Scheme (VCS) was published by the Federal Government on 3 December 2021 following acknowledgement by the Therapeutic Goods Administration that vaccines may cause side effects which on rare occasions extend to serious adverse outcomes. The Vaccine Claims Scheme (VCS) enables individuals who suffer a significant adverse reaction to access compensation.

VCS claims can be made by COVID-19 Vaccine Recipients who received a COVID-19 Vaccine (currently AstraZeneca, Pfizer, Moderna and Novavax) through a Commonwealth Government Approved Program, on or after 22 February 2021.

Under the Scheme, Harm means either:

COVID-19 Vaccine-Related Harm

Seven clinical conditions which are diagnosed by a treating practitioner, provided the clinical condition was most likely caused by the COVID-19 Vaccine and less likely caused by the Recipient’s other circumstances:

  • naphylactic reaction
  • thrombosis with Thrombocytopenia Syndrome
  • myocarditis
  • pericarditis
  • capillary leak syndrome
  • demyelinating disorders including Guillain Barre Syndrome (GBS)
  • Thrombocytopenia, including immune Thrombocytopenia, identified as a final diagnosis.
COVID-19 Vaccine Administration Related Harm

(a) A clinically diagnosed: (i) shoulder injury; or (ii) other moderate to significant physical injury giving rise to permanent impairment or the need for an extended period of medical treatment but excluding psychological distress (e.g. shock); and

(b) that was sustained during the administration of a COVID-19 Vaccine; and

(c) that was most likely caused by the administration of the COVID-19 Vaccine and less likely caused by any of the Vaccine Recipient’s other circumstances.

Deceased COVID-19 Vaccine Recipient

A deceased COVID-19 Vaccine Recipient means a COVID-19 Vaccine Recipient who suffered Harm which caused, or materially contributed to, their death. In this context, Dependant means any person dependent on the Deceased Vaccine Recipient’s earnings at the time of death, including a spouse, de-facto partner and children. Children includes a child of the Vaccine Recipient (including biological or adopted) dependent on the Deceased Vaccine Recipient’s earnings at the time of death and also includes a child of the Deceased Recipient born post-mortem.

Three tiers of Harm for Eligible Claimants:
  • Tier 1: loss (less Pain and Suffering Amount) between $1,000.00 and $15,999.99 if Pain and Suffering claimed; and between $1,000.00 and $19,999.99 if Pain and Suffering not claimed; with Hospitalisation Requirement satisfied;
  • Tier 2: loss (less Pain and Suffering) $16,000.00 or more if Pain and Suffering is claimed; and $20,000.00 or more if Pain and Suffering not claimed; with Hospitalisation Requirement satisfied, unless waived;
  • Tier 3: applicable to an Estate Representative, Authorised Representative or Family Representative relating to deceased vaccine recipients.

Further information on submitting a claim, compensation, documentation, assessment, offers and acceptance, and the review process are available at COVID-19 vaccine claims scheme | Australian Government Department of Health

For more information and expert advice, ask to speak to a lawyer at Ezra Legal on (08) 8231 6100 or email admin@ezralegal.com.au

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Julian Roffe

Practice Manager

Ezra Legal

Categories: Blog

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