Covid vaccine injuries – Class Action in Australia
CLASS ACTION – COVID-19 VACCINE RELATED INJURIES
Instructing Solicitors NR Barbi Solicitor Pty Ltd
Click Here for the Documents as Filed
About this Class Action
NR Barbi Solicitor Pty Ltd has filed a class action against (at least) the Australian Government, the Department of Health and Aged Care Secretary Dr Brendan Murphy and the Deputy Secretary of Health Products Regulation Group Adjunct Professor John Skerrit (“the Respondents”) in the Federal Court of Australia on behalf of the Lead Applicant (“the Applicant”) and other Covid-19 vaccination injured parties (“Group Members”) to recover compensation for injuries obtained as a result of taking one or more Covid-19 vaccines.
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.
Recent Updates
At this time, we continue to accept registrations of interest for potential Group Members, and no deadline has yet been set by which registrations must close.
We also confirm no opt-out deadline has been set by the Court at this stage.
The following is a brief overview of the progress of this matter to date:
- 26 April 2023: The Applicants filed an Originating Application, Statement of Claim, and Genuine Steps Statement to commence the class action;
- 28 April 2023: The Applicants filed an amended Originating Application;
- 12 May 2023: The First, Second, Third, and Fifth Respondents filed a Notice of Address for Service stating that Australian Government Solicitor acts for them;
- 24 May 2023: The Court set the initial Case Management Hearing date for 5 June 2023;
- 30 May 2023: The Fourth Respondent filed a Notice of Address for Service stating that Australian Government Solicitor acts for them;
- 30 May 2023: The Respondents sought an adjournment of the initial Case Management Hearing date to 10 July 2023 “due to the breadth of the Amended Statement of Claim and the novelty of the claims in negligence and misfeasance in public office”; and
- 31 May 2023: The Court adjourned the initial Case Management Hearing date to 10 July 2023.
- 5 July 2023: In advance of the initial Case Management Hearing, the Respondents proposed consent orders and a position paper to the Applicants and raised concerns regarding the Applicants’ Amended Statement of Claim.
- 6 July 2023: In response to the Respondents’ proposed orders and position paper, the Applicants proposed consent orders and a joint position paper (including the Respondents’ position and adding the Applicants’ position) to the Respondents. The Respondents proposed further amendments to the consent orders.
- 7 July 2023: The parties agreed on draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the orders. As part of these orders, the initial Case Management Hearing scheduled for 10 July 2023 has been vacated. The parties will instead proceed on the basis outlined in the orders. A copy of same can be accessed here. These orders are a positive step forward as they give the Applicants the opportunity to further amend their pleadings before a Case Management Hearing occurs on 20 November 2023.
- 11 August 2023: The parties agreed on amended draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the new orders. The new orders amend the orders of 7 July 2023 by moving each deadline back by two weeks. This change was proposed by the applicants to allow Counsel for the applicants more time to amend the Statement of Claim. A copy of the amended orders can be accessed below. The Case Management Hearing will now take place on 4 December 2023.
- 4 September 2023: The parties agreed on draft consent orders and proposed them to His Honour, Nicholas, J. The new orders amend the orders of 7 July 2023 with the following; The date in order 2 of the Consent Order dated 7 July 2023 (“the Order”) be amended to 18 September 2023. The date in order 3 of the Order be amended to 30 October 2023. The date in order 4 of the Order be amended to 27 November 2023. Orders 5 and 6 are vacated and replaced with the following orders: The respondents file any interlocutory application for security for costs, summary judgment or strike out by 15 February 2023; The matter be listed for case management at 9:30 am on 4 March 2024 to timetable the interlocutory applications for hearing. The parties are to send any proposed minutes of order to the associate to Justice Katzmann by 4.00 pm on 22 February 2024. A copy of the amended orders can be accessed below.
- 16 October 2023: The parties agreed on amended draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the new orders. The new orders amend the orders of 4 September 2023 by moving each deadline back by two months. This change was proposed by the respondents to allow Counsel for the respondents more time to provide a request for further and better particulars. A copy of the amended orders can be accessed below.
- 13 November 2023: The parties agreed on amended draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the new orders. This change was proposed by the applicants to allow Counsel for the applicants more time to prepare a response. A copy of the amended orders can be accessed below
- 14 December 2023: The parties agreed on amended draft consent orders and proposed them to Her Honour, Katzmann J. Her Honour made the new orders. This change was proposed by the applicants to allow Counsel for the applicants more time to prepare a response. These orders were that; The date in order 2 of the orders made on 13 November 2023 be amended to 7 February 2024. The date by which the respondents are to file and serve any interlocutory application for security for costs, summary judgement or strike-out be extended to 22 February 2024. The date by which the parties are to send any proposed minutes of order to the Court be extended to 29 February 2024. The next case management meeting remains listed at 4 March 2024.
- A copy of the amended orders can be accessed below.
Relevant Rules
The procedural rules for class actions in the FCA are set out in:
- Division 9.3 of the Federal Court Rules 2011 (Cth);
- Part IVA of the Federal Court of Australia Act 1976 (Cth); and
- The Federal Court of Australia Class Actions Practice Note GPN-CA.
You can access these documents at the following link:
Click Here for Link to Federal Court Rules
Am I eligible to join this Class Action?
Class actions typically function on an ‘opt-out’ basis, meaning that all class members will be bound by the case’s outcome unless they opt-out by a date set by the Court.
You are likely to form part of the ascertainable class if you:-
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