Jab can cause rare side-effect, AZ admits in court papers
Company is being sued in class action over claims its vaccine resulted in death and serious injury
ASTRAZENECA has admitted for the first time in court documents that its Covid vaccine can cause a very rare side effect, in an apparent about-turn that could pave the way for a multi-million pound legal payout.
The pharmaceutical giant is being sued in a class action over claims its vaccine, developed with the University of Oxford, caused death and serious injury in dozens of cases.
Lawyers argue the vaccine produced a side-effect which has had a devastating effect on a small number of families.
The first case was lodged last year by Jamie Scott, a father of two, who was left with a permanent brain injury after developing a blood clot and a bleed on the brain that has prevented him from working after he received the vaccine in April 2021. The hospital called his wife three times to tell her that her husband was going to die. Astrazeneca is contesting the claims but has accepted in a legal document submitted to the High Court in February that its Covid-19 vaccine “can, in very rare cases, cause TTS”. TTS – thrombosis with thrombocytopenia syndrome – causes blood clots and a low blood platelet count.
Fifty-one cases have been lodged in the High Court with victims and grieving relatives seeking damages estimated to be worth up to £100million. Astrazeneca is contesting the claims.
Astrazeneca’s admission – made in a legal defence to Mr Scott’s High Court claim – follows intense legal wrangling.
It could lead to payouts if the drug company accepts the vaccine was the cause of serious illness and death in specific legal cases. The Government has pledged to underwrite Astrazeneca’s legal bills. In a letter of response sent in May, Astrazeneca told lawyers for Mr Scott that “we do not accept that TTS is caused by the vaccine at a generic level”.
But in a legal document submitted to the High Court in February this year, Astrazeneca said: “It is admitted that the AZ vaccine can, in very rare cases, cause TTS. The causal mechanism is not known.
“Further, TTS can also occur in the absence of the AZ vaccine (or any vaccine). Causation in any individual case will be a matter for expert evidence.”
Lawyers argue the Az-oxford vaccine is “defective” and that its efficacy has been “vastly overstated” – claims Astrazeneca strongly denies.
Scientists first identified a link between the vaccine and a new illness called vaccine-induced immune thrombocytopenia and thrombosis (VITT) as early as March 2021, shortly after the Covid vaccine rollout began.
Lawyers for the claimants argue VITT is a subset of TTS, although Astrazeneca does not appear to recognise the term.
The Government has indemnified Astrazeneca against any legal action but it has so far refused to intervene.
Kate Scott, Mr Scott’s wife, told The Telegraph: “The medical world has acknowledged for a long time that VITT was caused by the vaccine. It’s only Astrazeneca who have questioned whether Jamie’s condition was caused by the jab.
“It’s taken three years for this admission to come. It’s progress, but we would like to see more from them and the Government. It’s time for things to move more quickly ... I hope their admission means we will be able to sort this out sooner rather than later. We need an apology, fair compensation for our family and other families who have been affected.
“We have the truth on our side and we are not going to give up.”
Sarah Moore, a partner at the law firm Leigh Day who is bringing the legal claims, said: “It has taken Astrazeneca a year to formally admit that their vaccine can cause the devastating blood clots, when this fact has been widely accepted by the clinical community since the end of 2021 ... In that context, regrettably it seems that AZ, the Government and their lawyers are more keen to play strategic games and run up legal fees than to engage seriously with the devastating impact that their AZ vaccine has had upon our clients’ lives.”
In a statement, Astrazeneca said: “Our sympathy goes out to anyone who has lost loved ones or reported health problems. Patient safety is our highest priority and regulatory authorities have clear and stringent standards to ensure the safe use of all medicines, including vaccines ... From the body of evidence in clinical trials and real-world data, the Astrazeneca-oxford vaccine has continuously been shown to have an acceptable safety profile and regulators around the world consistently state that the benefits of vaccination outweigh the risks of extremely rare potential side-effects.”