Landmark Covid-19 Vaccine Injury Class Action Lawsuit

A Gold Coast woman went from a healthy mum to being hospitalised just four days after her first dose of Pfizer vaccine - now she's suing. A landmark Covid-19 vaccine injury class action lawsuit has been filed against the Australian government and the medicines regulator. The nation-wide suit, which reportedly has 500 members including three named applicants, seeks redress for those allegedly left injured or bereaved by the Covid-19 vaccines. One of the applicants who suffered a severe heart condition after getting the Pfizer jab is even claiming there was 'cover-up' during the vaccine rollout which hid the potential risks. We Have Professionals In Every Field Our team of practitioners can provide outstanding legal knowledge in the legal sectors impacted by COVID-19 regulation and policy and regularly provide advice to both individuals and businesses on matters relating to: mandatory vaccinations throughout the course of employment; mandatory wearing of face masks; adhering to the directions imposed by the State; compliance with lawful police directions; advice on the powers granted to officials under States of Emergency (State-by-State basis); direct/indirect discrimination in accordance with the Australian Human Rights Commission (AHRC); and potential for criminal charges if certain directions are not adhered to. Depending on the nature of the COVID-19 matter, Salerno Law has access to a wide array of professional Senior and Junior Counsel who can provide an experienced  opinion and advocacy in matters involving human rights, employment law, regulation and policy. The Daily Mail reports more DAILY MAIL ARTICLE COVID-19 LAW SUITE

2023-05-17T09:52:36+10:00May 17th, 2023|COVID-19, Personal Injury|

Covid-19 Vaccine Claim Scheme

The Australian Government has implemented the COVID-19 Vaccine Claims Scheme (COVID-19 Scheme) to enable individuals who have received a Therapeutic Goods Administration (TGA) approved vaccine to obtain compensation for related adverse reactions. Eligibility Claimants that received the following TGA approved vaccines: Vaxevria (AstraZeneca), Comirnaty (Pfizer), Spikevax (Moderna), or Nuvaxoid (Novavax) can make a claim under the scheme. To be eligible for the COVID-19 scheme, the claimants must experience one or more of the following clinical conditions: AstraZeneca: Anaphylactic reaction, Thrombosis with Thrombocytopenia Syndrome, Capillary leak syndrome, Demyelinating disorders including Guillain Barre Syndrome (GBS), Thrombocytopenia (including immune Thrombocytopenia). Pfizer or Moderna: Anaphylactic reaction, myocarditis, pericarditis. Novavax: anaphylactic reaction. Lodging a Claim For a claim to be made under the Covid-19 scheme, the claimant will need to show proof that: they were admitted to hospital; how the claim account was calculated; and proof to support the amount being claimed. Several documents will need to be completed to make a claim under the scheme. These documents include: the COVID-19 vaccine claims scheme application; the COVID-19 vaccine claims scheme medical report; and the COVID-19 vaccine claims scheme expenses form. It is worth nothing that a claim can be made on behalf of someone else, if; you have their power of attorney, you are their legal guardian or administrator, or need to act for them because they cannot act for themselves. To do this, you will need to complete the Authorising a person or organisation to act on your behalf – COVID-19 form with your application. If granted, you must register the court order with Services Australia by taking the original document to a service centre or post a certified copy of the document to Services Australia. After completion, the documents above must be submitted using a Medicare online account through the myGov website or by using the Express plus Medicare mobile app. Compensation Schedule 1 of the COVID-19 Vaccine Claims Scheme highlights compensation payable to a person who has lodged and succeeded in their claim. Schedule 1 provides compensation under the following heads: Out of pocket expenses; Lost earnings; Gratuitous Care; and Pain and Suffering. Compensation will vary on a case-to-case basis. Factors that will dictate compensation are things like relationship status, number of dependents, etc. To give an example on how the compensation can be paid; If a deceased vaccine recipient had two children at the time of their death (a child aged 7 and a child aged 11), and the recipient was not legally married to any person (or not the de facto partner of any person) the lump sum compensation payment would be $696,023, calculated as $644,640 plus $33,601 for a child under 8, and $17,782 for a child under 12. Compensation payable under the COVID-19 scheme can vary due to an array of factors. Processing Time Processing times also vary per application. Claims that exceed $20,000 may take longer to assess because Service Australia will need to consult with independent third parties (i.e. medical experts or legal experts). If further [...]

2022-08-25T12:27:13+10:00August 25th, 2022|COVID-19|

COVID-19 insolvency rules: are you ready to exit hibernation?

The COVID-19 pandemic has presented a fundamental shift to the way we do everyday business. As part of the Australian government's response to the pandemic, several temporary changes to insolvency and bankruptcy laws have been introduced. The changes aim to provide businesses with a safety net during these challenging times where the trading ability of many businesses is significantly affected. Importantly, these changes are ending on 31 December 2020, meaning many businesses who are currently in a state of hibernation should start making the appropriate arrangements for when the laws revert back to normal. The following changes apply for the period of 25 March 2020 to 31 December 2020: Statutory Demands Against Companies Issuing a statutory demand is a way for a creditor to take action to wind-up/liquidate a company. Once a creditor's statutory demand expires, and provided the debt is not paid or no genuine dispute about the debt exists, the debtor-company is deemed to be insolvent. The creditor can then commence court proceedings to wind up the company. Under the new measures: the minimum debt to issue a statutory demand has been increased from $2,000 to $20,000; and the company's time to pay/respond to the statutory demand has increased from 21 days to 6 months. Director's Personal Liability for Insolvent Trading Directors have a duty not to allow a company to trade whilst insolvent. Insolvent trading means a company which trades when it cannot pay its debts when and as they become due and payable. If a company director allows a company to trade whilst insolvent, then there is the potential for that director to be personally liable for a debt of the company. Under the new measures, if a company incurs a debt in the ordinary course of its business, a director will no longer risk personal liability for allowing the company to trade whilst insolvent. This gives companies the confidence to trade through the pandemic in circumstances where a company director may have previously faced personal liability for the debts incurred by a company. Despite the new measures, directors must continue to fulfil their existing legal duties such as to act in the best interests of a company. They must also be mindful that cases of dishonesty and fraud will still be subject to criminal penalties. The new rules will not apply to company debts incurred before 25 March 2020. Bankruptcy Notices Against Individuals Issuing a bankruptcy notice allows a creditor to take steps to bankrupt an individual/person. Once a bankruptcy notice expires, the creditor can commence court proceedings to seek a sequestration order to bankrupt that person. Under the new measures: the minimum debt to issue a bankruptcy notice has been increased from $5,000 to $20,000; and the person's time to pay/respond to the bankruptcy notice has increased from 21 days to 6 months. Person's Intention to go Bankrupt Under the Bankruptcy Act 1966 (Cth), an individual/person can lodge a 'Declaration of Intention' to present a debtor's petition with the Australian Financial Security Authority (AFSA) [...]

2022-07-05T11:24:39+10:00November 6th, 2020|Blog, Commercial & Corporate, COVID-19|
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