Jab Injury Class Action Case

Jab Injury Class Action Case

Re: the Legality of the Australian Government’s Mandated Covid-19 Injections

Facts of the Case

Dates: April 27, 2023
Location: Brisbane, Queensland
Court: Federal court of Australia
Case #: NSD349/2023
Plaintiff: 3 representatives of the class
Plaintiff’s Lawyer: NR Barbi Solicitor Pty Ltd

Defendant: Federal Government, Dept. of Health, TGA
Trial Type: Class Action Lawsuit
Judge: ?
Status: Ongoing
Verdict: TBD

*updated July 7, 2023

Background

Queensland GP, Dr Melissa McCann has brought this case to the courts on behalf of her patients, many of whom received life altering injuries after taking Covid-19 vaccines and received inadequate recognition of their condition, little treatment and no or little compensation. Her efforts to get justice for victims has resulted in a national class action lawsuit with 500+ participants. (1)

During the roll-out of Covid vaccines in 2021, Dr McCann, who has worked with patients suffering from vaccine injuries for more than ten years, observed an unusual pattern of injuries she had not observed previously with other vaccines:

“It’s certainly not the norm that people would be coming in after a couple of days one after another with exertional chest pain, miscarriages, blood clots …” (2)

The class action was filed by NR Barbi Solicitor Pty Ltd (3) on 26th April 2023 (4)

The action is being brought against: the Australian Federal Government , the Department of Health and the Therapeutic Goods Administration (the TGA) as well as senior bureaucrats in government. (1)

[it] is seeking to redress grievances by citizens who listened to their government when they were told to get vaccinated, suffered harm from the vaccine, and were then promptly abandoned by the very people who forced them to jab in the first place. (5)

McCann: (1, 2)

“There are three representative members of the class:

a man is 40s called Gareth who has acute myopericarditis and as a result of that has had to undergo open heart surgery which has had enormous impacts on his ability to enjoy life, his family and work.
Anthony, who suffered a type of significant and debilitating chronic fatigue syndrome, a neurological syndrome that has been incapacitating and I think very difficult to live with because there is no treatment for it, we’re dealing with such uncharted waters and yet completely and utterly life-changing for this man.
Antonio is a man who experienced spinal cord lesions, or inflammation of the spinal chord, myelitis essentially, and was unable to walk, was bed bound for some months and remains unable to walk unassisted.”

Historical Note: (6)

“Doctors against mandates” initially was a lawsuit by 13 Queensland medical doctors against the Queensland government’s vaccine mandate direction, filed in March 2022. The doctors were forced to change their strategy in September 2022 because their case was ‘taken away’ due to the change of the governmental vaccine direction which they were seeking the judicial review for. Two doctors from the original doctors’ group remained as litigants and filed a new application in March 2023.

Significance

First Class Action Lawsuit Against any Government for Vaccination Crimes

Plaintiff’s Argument

The three plaintiffs who are representative of the class argue that their injuries have been life changing. Further it is argued that the TGA has been negligent in their approval process for the vaccine. (1)

Specifically (3)

The Applicant alleges that the Respondents’ actions to advance the acceptance and use of the various approved Covid-19 vaccines constitutes negligence and/or misfeasance. They further allege that such negligence/misfeasance caused class members to suffer loss or damage, including but not limited to:-

personal injury;
health care expenses;
additional out-of-pocket expenses;
economic loss;
the need for gratuitous care and, additionally or alternatively, commercial care; and/or
non-economic loss.