FOLLOWING THE CANADIAN GOVERNMENTS ANNOUNCEMENT OF A VACCINE INJURY SUPPORT PROGRAM, DATA FROM 2022 SHOWED THAT FIVE OF THE four hundred APPLICATIONS MET THE REQUIRED CRITERIA FOR AN UNDISCLOSED AMOUNT OF COMPENSATION.
In an interesting article by Cuming & Gillespie Lawyers, the Calgary law firm defines what a “serious and permanent injury” is. Recent developments, specifically surrounding Covid-19 vaccinations, have required the Canadian Courts to consider what constitutes a “serious and permanent injury” in such circumstances.
The website for the vaccine injury support program defines a serious and permanent injury as a
“Severe, life-threatening or life-altering injury that may require in-person hospitalization, or a prolongation of existing hospitalization, and results in persistent or significant disability or incapacity, or where the outcome is a congenital malformation or death.”
For anyone who believes they or someone they know has suffered from a serious and permanent injury as a result of a vaccine approved in Canada to prevent infectious disease, key details about Canada’s VISP include:
- A three-year limitation period exists to film a claim for support, commencing on the date of vaccination, date of death, or date that an injury attributable to the vaccination becomes apparent
- A claim cannot be filed without an initial report of the injury to a healthcare provider.
- The location where a vaccine was administered determines eligibility for a claim to be made under the VISP. Canadians who obtained vaccines abroad (e.g. vaccine “tourists”), even if they received a Health-Canada approved vaccine are not eligible. Those who were vaccinated in Quebec are also not eligible and claims must be made to the Quebec Vaccine Injury Compensation Program.
- Claimants to Canada’s VISP do not waive their rights to seek redress from the courts for their injuries. Meaning that those who believe they have suffered serious and permanent injuries from a vaccine can both make a claim under the VISP and commence a lawsuit against those who may be considered liable for the injury. However, the program’s website informs potential claimants that “individuals may be required to repay some or all financial support received through VISP if a subsequent court award or settlement compensates for the same injury.”
MedMalDoctors provides expert evidence-based opinions on Causation and Standard of Care regarding potential Medical Malpractice. To learn more about how MedMalDoctors can assist you in your next Medical Malpractice case, call us at 1.800.590.9631 or send an email to marketing@medmaldoctors.ca.
From Cuming & Gillespie Lawyers