Vaccine Injury Discrimination Matter
Vaccine Injury Discrimination Matter
ABSTRACT
This is at its core a discrimination case. Our client has willingly engaged with the vaccine, been rendered severely injured by his first dose and subsequently highly vulnerable to any further doses. In fact, specialists recommended our client not receive a further dose of Pfizer, or even Novavax due to the level of risk to his health. It is important to note, our client received valid medical exemptions which were provided to his workplace in respect of his inability to be vaccinated.
Our client’s workplace insisted he receive the second dose and put aside any medical exemption our client presented, taking it on themselves to state that he needs to follow the vaccine policy. Even threatening to dismiss him for not complying with a vaccine policy, which he physically cannot safely engage with. Our client was not supported through this time. Albeit, despite overwhelming material about his medical realities, they will not accept his circumstances and adapt but rather discriminate against his rights as a genuinely exempt person.
John holds a lengthy, official exemption due to his adverse event and the exhaustive medical material support this diagnosis, in fact we believe this to be the only 2-year exemption officially granted in Australia. Despite this, his workplace in a truly discriminatory fashion, refuses to accept his exempt status.
SUMMARY OF THE MATTER
John is a back-end Queensland Health Employee working in their financial sector. As part of compliance with workplace mandates, he engaged with his first dose of the vaccine, in this case Pfizer. Shortly afterward, he developed a serious spinal impairment due to nerve damage and inflammation which was linked to the dosage he received. These complications led to him being movement impaired and losing circulation to his low extremities to the point his feet were unusable. For a period of time, John’s feet turned completely blue and he was paralysed. Obviously, he sought medical assistance immediately, including advice from an Infectious Disease Expert (vaccine specialist), and a causal link was established between the vaccine and the inflammation of his spine. Subsequently and sensibly, he and his employer were advised that it would be a tremendous risk for him to engage with further COVID-19 vaccines; a risk far exceeding COVID-19 itself.
Despite overwhelming medical evidence from various sources, Queensland health was extremely reluctant to accept that the vaccine had caused this injury and instead, fervently pushed him towards getting a second dose to retain his employment. Furthermore, their non acceptance of the facts as medically supported, impaired John’s capacity to seek appropriate financial support from Work Cover.
John found himself potentially jobless and without compensation, despite complying with the requests of his workplace and falling victim to a medical circumstance had no control over. John is now pursuing justice through the QHRC in the hope that he can be appropriately compensated for his hardship.
John accepts that vaccine injuries are rare, and he willingly engaged with the vaccine based on the science of the time, however his workplace adamantly pushing him to get a further vaccine to retain employment despite the catastrophic impact it could have on his health has been extremely disappointing and traumatising for him. At a great personal cost of effort, energy, time, and finances, John has had to pursue justice for this discrimination from the Queensland Government, who, rather than listen to him and try to help, have engaged Minter Ellison who are challenging the exemptions and are arguing that John has not been discriminated against, even though he has not been allowed to work.
On 1 November 2021, the Director General of Queensland Health issued the following statement to all Queensland health staff:
“If you have had one dose and are on an evidenced pathway to full compliance, you may be able to remain in the workplace where it is safe to do so, for example if there remains no or limited community transmission. If this changes, we will work with you to find alternative arrangements. This may include taking leave, working remotely, or being moved to an alternative temporary role where the vaccination is not mandated.”
However, Gold Coast Hospital chose to ignore the message and continued to discriminate against our client.
In regard to his situation, John felt that:
Gold Coast Hospital has all my vaccine injury information and they have given me numerous internal vaccine exemptions based on the medical evidence I have provided. The Gold Coast Hospital internal vaccine exemption was not given to me voluntarily, I had to fight with my employer for those internal employee vaccine exemptions, after which, I had to ask my employer numerous times to send me the internal employee vaccine exemption form, which is unacceptable.
My employer knows that after I took Pfizer I was paralysed, and I am still recovering from this vaccine injury. For 16 months, my employer has been denying that I have a vaccine injury and my employer has been bullying and coercing me to go and take another vaccine even though they know I am at a high risk of dying from the COVID-19 vaccine.
My employer has also ignored the fact that I have been given an Australian Government 6- month and 24-month vaccine exemption by two upstanding vaccine experts. Clearly, my employer doesn’t care about my health or well-being and have treated me differently from other staff because I have a vaccine injury. This is greatly affecting my mental health.
Samir Banga, the Principal Solicitor at Banga Legal, made the following remarks in respect to his client’s matter:
Our client’s life has been seriously affected by the treatment he has received from the Queensland Government, or at least their subsidiary Gold Coast Hospital. Our client voluntarily took the first shot of Pfizer, however, that has turned his life upside down. There is no way our client budgeted for what happened next.
The worst part is what he has been put through in the subsequent weeks and months, which is now touching on years. There is nothing that is going to bring our client’s quality of life back or give him peace of mind for the time he has lost and the suffering he has undergone. How is the Government going to compensate for the harm caused to his mental health, physical health, and the wellbeing of his family?
Why did they refuse to accept my client’s valid vaccine injury exemptions provided by vaccine specialists?
What the hospital did was discriminate against our client, who is not a medical professional by the way; he works in finance. The valid exemption John was provided with should have allowed him to return to work. When our client had specialist letters and specialist exemptions, he was effectively in possession of proof that he could pass away if he took the second shot. One must question why the Government, or Queensland Health, pushed him to take the second shot and say that he cannot return to work or receive an income without this.
This is one of the strongest, if not the strongest, vaccine injury case to date. Regardless of any immunity, this is now against the Government and the way they have discriminated openly against our client.
PROUD TO BE DIFFERENT
We are proud to be different. That’s what makes Banga Legal the very best legal advisors for your matter. We don’t celebrate old school ‘pomp’ or excessive layers of admin and corporate structure. We celebrate great outcomes, high level customer service and happy clients. That’s what is important to us.
PROUD TO BE SMALL
Proudly small and with the benefits of an agile lean firm, Banga Legal is big enough to deliver. Our team is constantly expanding and we are on the look out for the next real world court advocate.
PROUD TO BE COLLABORATIVE
We work alongside a number of affiliates who collectively enable us to deliver the very best and most affordable services for your unique requirements. Our affiliates are both legal and non-legal. They come from different industries, different walks of life and help us deliver on that renowned standard of service.
HOW WE WORK
Four Steps To Your Success
Banga Legal provides you the confidence of knowing that your guidance comes from the very best Sydney and Melbourne Lawyer.
01
Speak To Us
Chat to us about how we can assist with your legal dilemmas. We pick up where the others cannot.
Outcome
We will discuss your desired outcome and formulate the best way in helping acheieve the set goals.
02
03
Implementation
This is where we will put the strategy in motion. Act on the formula and drive your matter to success, using both litigation and out of court alternatives were applicable.
Success
When you walk away knowing that you obtained the best possible outcome for your case.
