The COVID-19 Vaccine Scheme is a no fault compensation scheme, implemented by the Commonwealth government to cover the cost of injuries in situations where a serious adverse reaction has been caused by a COVID-19 vaccination.
You may be eligible for compensation if you have suffered one of the injuries in Table 1 below, most likely as a result of receiving the COVID-19 Vaccine from 22 February 2021 onwards. You must also have received inpatient hospital treatment for that injury. The threshold for accessing the Scheme requires that you have at least $1,000 net in losses, including:
Item |
Clinical condition |
Vaccine(s) from which the clinical condition results |
1 |
Anaphylactic reaction |
AstraZeneca Pty Limited Pfizer Australia Pty Limited Moderna Australia Pty Limited Novavax Inc. |
2 |
Thrombosis with Thrombocytopenia Syndrome |
AstraZeneca Pty Limited |
3 |
Myocarditis |
Pfizer Australia Pty Limited Moderna Australia Pty Limited |
4 |
Pericarditis |
Pfizer Australia Pty Limited Moderna Australia Pty Limited |
5 |
Capillary leak syndrome |
AstraZeneca Pty Limited |
6 |
Demyelinating disorders including Guillain Barre Syndrome (GBS) |
AstraZeneca Pty Limited |
7 |
Thrombocytopenia, including immune Thrombocytopenia, identified as a final diagnosis |
AstraZeneca Pty Limited |
8 |
Administration Related Injuries which are a clinically diagnosed: shoulder injury; or other moderate to significant physical injury giving rise to permanent impairment or the need for an extended period of medical treatment but excluding the injuries in Table 2. |
Any TGA approved COVID-19 Vaccine |
The following injuries are not covered by the Scheme:
Although the eligibility criteria requires hospitalisation, the requirement may be waived if outpatient treatment is received and the COVID-19 Vaccine recipient was not admitted to hospital, when they otherwise would have been, because of the nature of their clinical condition; or, the recipient was in a rural or remote area making it difficult to access a hospital.
The hospitalisation requirement does not apply in the case of death.
There is no overall cap to the amount of compensation available. However, the current cap on the lump sum, for pain and suffering, is $693,500.00.
In instances of death, you are able to claim the following:
At Marsdens we conduct these cases, on a no win/no pay basis. This means that you do not pay our professional legal fees for the time spent preparing your case until the conclusion of the matter and then only if your claim is successful.
In relation to expenses, which primarily relate to the cost of obtaining clinical notes and expert reports, Marsdens have a database of experienced medical and other experts who provide reports of high quality. We will discuss with you the likely cost of reports and if necessary make arrangements to assist you with payment if you are experiencing financial difficulty.
It is our experience that the claim process is much less stressful and more accessible if you have a solicitor managing it for you. The early collection of evidence and information is essential to the success of your claim. Sometimes it can be difficult to know how to get the right documents, what law is applicable and whether your claim is worthwhile pursuing.
Instructing a Marsdens solicitor means that you have an experienced professional who will look out for your best interests, consider your circumstances and assist you in the most efficient and beneficial way possible. We aim to provide a personal service with a demonstrated commitment to our clients.
If you believe that you may satisfy the eligibility criteria, or have any questions, contact our Injury Compensation Team today.