Families whose loved ones died after taking the AstraZeneca Covid vaccine abandoned attempts to sue the pharmaceutical giant after being told they would likely lose.
Gareth Eve and other families whose relatives were injured after receiving the vaccine Withdrew from the High Court case after being told they were unlikely to succeed with their claims because a leaflet published at the height of the pandemic warned of a rare side effect associated with the vaccine.
The document, distributed at vaccination centers, said that “extremely rare cases of blood clots with low platelet levels after vaccination with the Covid-19 AstraZeneca vaccine.”
Legal experts believe this could potentially protect the pharmaceutical company against cases brought by families whose family members received a dose provided after April 7, 2021.
In total, 12 families have already withdrawn from the legal action.
More than 50 are still suing the pharmaceutical giant in the High Courthowever, because their vaccines were provided before the warning about blood clots was added to patient safety leaflets.
Eve, whose wife, Lisa Shaw, died in May 2021 after receiving the vaccine, said she felt it was “unfair” that families like hers could not continue.
“It is like the government and AstraZeneca escaped the situation on a technicality when you just think, ‘what’s the right thing to do here?’
“In my opinion, there is a battle here that needs to be fought, but I can’t even do that anymore,” he told The Telegraph.
“If I didn’t remove my name from the lawsuit, I wouldn’t be covered by insurance. I could be held liable for the pharmaceutical company’s costs, which could run into hundreds of thousands of pounds.”
He said he felt “utterly devastated.”
After dropping his legal action against AstraZeneca, Mr Eve said the £120,000 compensation offered by the government was insufficient and called on ministers and the pharmaceutical company to “sit down and talk” with families like his.
“AstraZeneca and the Government may not have a legal obligation to support us, but they have a moral responsibility,” he said.
Independent studies show that the AstraZeneca vaccine was effective in combating the pandemic, saving more than six million lives worldwide in the first year of implementation.
The World Health Organization said the vaccine was “safe and effective for all individuals aged 18 and over” and that the adverse effect that prompted the legal action was “very rare”.
The pharmaceutical giant is being sued in a class action lawsuit over claims that its vaccine, developed with the University of Oxford, caused death and serious injuries in dozens of cases.
Advocates argue that the vaccine produced a side effect that had a devastating effect on a small number of families. AstraZeneca is disputing the claims.
The Government has indemnified AstraZeneca against any legal action, but has so far refused to intervene.
The first case was brought forward last year by father-of-two Jamie Scott, who was left with permanent brain damage after developing a blood clot and a bleed on the brain that prevented him from working after receiving the vaccine in April 2021.
On Thursday, his wife, Kate, said: “It could have been any of us. We will continue fighting to ensure that all families – regardless of when the vaccine caused deaths and injuries – get justice.”
Sarah Moore, partner at law firm Leigh Day, which is bringing the legal claims, said: “We feel desperately sorry for Gareth and the other families affected.
“These cases should not have to be discussed in court. If there was a functioning support scheme then litigation would not be necessary.”
Mrs Shaw was 44 when she died and the couple’s son, Zach, was just six.
A coroner ruled she died due to complications from the AstraZeneca Covid-19 vaccine.
Eve successfully applied for financial support under the Vaccine Damage Compensation Scheme (VDPS), which gives seriously injured people, or the families of those who have died, the right to receive a one-off payment of £120,000, but he said he felt the scheme was “not fit for purpose” and needed to be reformed.
‘It turns your life upside down’
“Zach will have to grow up for the rest of his life without a mother. Losing your wife turns your life completely upside down, you have to start again,” she said.
He said it appeared the pharmaceutical company was “passing the buck” if it wanted to defend the claim, saying patients were warned in information leaflets.
“I understand some of the terminology in the documents that were released, because those were the things that killed Lisa. But if I were sitting in a vaccination center, being led through a room with dozens of other people, I would have no idea what they were talking about.
“The loudest voice in the room at that moment was from the Government to get vaccinated. Do your part. Lisa was just doing what was asked of her.”
It is understood that of the other 11 discarded cases, another refers to a fatality and, in this case, vaccine-induced thrombocytopenia and immunological thrombosis (VITT) is recorded on the death certificate. VITT is the name of the rare disease that causes blood clots and low platelets, discovered by scientists during the Covid vaccine rollout.
Of the other ten cases, all but one received a VDPS payment or had the causal link accepted by the scheme, although no payment was made because they were considered to be less than 60 percent disabled.
AstraZeneca said: “Our condolences go out to anyone who has lost loved ones or reported ill health. Patient safety is our highest priority and regulatory authorities have clear and strict standards to ensure the safe use of all medicines, including vaccines.”
It added: “From the body of evidence in clinical trials and real-world data, the AstraZeneca-Oxford vaccine has continually been shown to have an acceptable safety profile and regulators around the world have consistently stated that the benefits of vaccination outweigh the risks of extremely rare potential side effects.
