Reply to post: Re: A Most Inconvenient Question for UKGBNI Governments to Answer

UK's NHS Digital hands £8m contract to lab data biz after trouble matching COVID-19 tests to health records

Jellied Eel Silver badge

Re: A Most Inconvenient Question for UKGBNI Governments to Answer

Kind of. See-

https://www.jurist.org/news/2020/12/uk-government-grants-pfizer-civil-legal-indemnity-for-covid-19-vaccine/

...The new regulation, Regulation 345 of the Human Medicines Regulations of 2012, prohibits civil liability against Pfizer or healthcare professionals distributing the vaccine for any damage that arises through use of the vaccine “in accordance” with its recommended use.

and-

https://www.gov.uk/government/news/government-to-add-covid-19-to-vaccine-damage-payments-scheme

The VDPS is a safety net to help ease the burden on individuals who have in extremely rare circumstances experienced harm due to receiving a government-recommended vaccine. It is not a compensation scheme. Rather, it provides a one-off, tax-free lump sum – currently £120,000 – for those suffering a severe disability as a result of a vaccine against a disease listed under the Vaccine Damage Payments Act.

Which is perhaps not the best safety net given severe disability is obviously rather life changing, and £120k may not go far. Presumably other help is still available, ie benefits like PIP to help live with that disability. But Regulation 345 of the HMR also has this clause-

(4)This regulation does not apply in relation to liability under section 2 (liability for defective products) of the Consumer Protection Act 1987(a) or article 5 of the Consumer Protection (Northern Ireland) Order 1987(b)

and only refers to civil claims, not criminal. But then there's also the contracts between HMG & Pfizer, which are commercially confidential. But it does look like Pfizer has immunised itself, despite it's vaccine being novel, and the first ever mRNA one to be unleashed on the public.. Which seems a tad risky, and there have already been possible adverse reactions, including some deaths. Which I guess in Covid score keeping style should mean any deaths within 28 days of being vaccinated should be counted as vaccine deaths. Personally I'd be opting for the Astra vaccine instead of Pfizers, but not sure if we'll be given the choice.

It's an interesting dilemma.. Governments have decided Covid is a national emergency and done stuff like home detention to shield hospitals from being overwhelmed*. Then also decided that priority vaccinations should go to health service staff. So there's an obvious risk that any severe adverse reactions will show up in that population first, and thus a risk to the health services. Plus there are reports that healthcare staff are refusing the vaccine.

Then I guess there'll be the prospect of test cases to see if indemnities are legal. After all, the law is meant to be the mechanism to right a wrong or harm.

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