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24/09/2021

Naas solicitor says Covid-19 cases will be difficult to prove in court

Health

Naas solicitor says Covid-19 cases will be difficult to prove in court

Liam Moloney

People seeking compensation for medical issues caused by the Covid-19 vaccines will find that their cases will be difficult to prove and consume a considerable amount of time.

Liam Moloney, head of a Naas-based law firm is handling a number of claims from those who say they have suffered a vaccine injury - including at least one from County Kildare.

But Mr Moloney, who is himself fully vaccinated and who is also sully supportive of the vaccination scheme, said a case can be pursued in court provided that  the side effect was significant - and that it can be proven that the vaccine was the cause.

He stressed that in the absence of a compensation scheme in this country, people who feel that they have been affected by the medicine must go to court.

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People who have developed inflammation of the heart muscles as well as Bell's palsy (facial muscle weakness) and some shoulder injuries since having the vaccine administered,  may be entitled to compensation.

“Having a significant injury as a result of a vaccine is very rare, it’s estimated that one in 200,000 have a significant reaction  and these cases are very difficult to prove. The vast majority of people who get vaccinated won’t have any side effects or mild side effects. There are certain requirements that a case must meet - the conditions caused must be diagnosed and identified.”

Mr Moloney added: “The individual then has to prove that it was caused by a fault in teh vaccine. The benefits of the vaccine outweigh the risks but it’s accepted in rare cases that there are complications”

He said he is hopeful that a compensation scheme may be set up by the government as has happened in 17 European countries including England as well as in Australia.

Claims brought by people who developed the sleeping disorder narcolepsy  because of the swine flu vaccine were settled on a 50/50 basis - which meant claimants only received half the amount awarded.

Mr Moloney pointed out that the health authorities have worked diligently to monitor both the effectiveness of the vaccine as well as recording possible adverse effects.

He noted that some 259 adverse side effects had been reported in January and this had risen to 13,500 in August.

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