A woman is suing the Government of Barbados, claiming she suffered serious health complications after receiving two doses of the AstraZeneca COVID-19 vaccine in 2021.
In a 2024 claim that appears to be the first of its kind before the Supreme Court, the woman names the Attorney General as the defendant and alleges that the government, in its administration of the national COVID-19 vaccination programme through the Ministry of Health and Wellness, is liable for injuries she says were caused by the vaccine.
Represented by veteran constitutional attorney, King’s Counsel Larry Smith, she alleges that the vaccine administered to her was “defective”. Her claim is that the government failed to provide a product that was as safe as she was entitled to expect under the Consumer Protection Act, and is therefore liable for personal injury and consequential losses.
According to the court document, the woman received her first dose of the vaccine on or about April 23, 2021, and the second dose in June of that year.
About two months later, she noticed that she had developed a “swollen bruise”, which was accompanied by “severe pain” below her right knee.
She subsequently visited a doctor on two occasions after experiencing additional symptoms, including severe chest pain and shortness of breath.
The court document, a copy of which was seen by Barbados TODAY, indicates that on both occasions, the doctor was unable to determine the cause of her injuries.
Her symptoms reportedly worsened, with bruising spreading across her body, severe shortness of breath and declining energy levels. As a result, she returned to the doctor who referred her to a specialist for haematology assessments and testing. She was also placed on sick leave.
The claim states that the Pharmacovigilance Team of the Barbados Drug Service conducted assessments into what was described as “a suspected drug-induced reaction post vaccination of the COVID-19 AstraZeneca vaccine”, associated with the batch of the last dose she had received. Blood samples were also collected and tested at the Barbados Reference Laboratory.
According to the court filing, the results indicated that the symptoms the woman was experiencing were vaccine-induced blood clotting side effects. The final medical assessment described her condition as “a suspected case of vasculitis following the administration of the COVID-19 AstraZeneca vaccine on June 25, 2021.”
The woman alleges that between January 24, 2022 and July 7, 2023, she wrote five letters to the defendant, raising concerns about the government’s liability for her condition. However, according to the claim, the government has not submitted a “substantive reply”.
The court documents state that in early February 2022, the woman received an email from the Prime Minister’s Office acknowledging receipt of the January 24, 2022 letter she sent, and advising that the correspondence had been forwarded to the Chief Medical Officer for “attention and follow-up action”.
The woman said she received another email from the Prime Minister’s Office, in May that same year, indicating that her matter was being “assessed in relation to her request for the government’s provision of relief for her vaccine injury”. It was also reportedly confirmed in that email that when the vaccination programme began, broad mechanisms were established by the prime minister to respond to persons “who are believed to be victims of substantial side effects of the vaccinations administered”. The email also stated that the Chief Medical Officer was attending to her case and that she would soon hear from that office.
She claimed that despite repeated follow-up letters, she has not received any “further update or attention” from the defendant in response to her request for relief.
A pre-action letter was subsequently sent to the Chief Medical Officer seeking compensation for the vaccine injury.
The lawsuit Smith has since filed on her behalf alleges negligence on the part of the government, including:
– Failure to provide mechanisms to support participants suffering from severe complications from vaccines administered under the Barbados COVID-19 Vaccination Programme;
– Failure to provide a response to the claimant regarding her condition despite sufficient knowledge of her condition;
– Failure and/or neglect to make any tangible efforts to remedy the situation; and
– Failure to provide a reasonable standard of care to the claimant
The woman claims she continues to suffer from blood-clotting issues, bruising spreading across her body, severe shortness of breath and reduced energy which have affected her ability to work.
The court documents claim that before she took the vaccine, she had “an active life” and was in “a good pre-incident condition”.
She is therefore seeking general damages for pain, suffering and loss of amenities, special damages including loss of earnings, legal costs with interest of six per cent per annum, and any other relief the court considers appropriate.
The matter is currently at case management level before the Supreme Court.
fernellawedderburn@barbadostoday.bb
