AstraZeneca has admitted for the first time in court documents that the Covid vaccine can cause a rare side effect, in an apparent row that could pave the way for a multi-million pound legal payout.
The pharmaceutical giant is being sued in a class action over claims that its vaccine, developed with the University of Oxford, has caused death and serious injury in many cases.
Lawyers argue that the vaccine created a side effect that had a devastating impact on a small number of families.
The first case was filed last year by father-of-two Jamie Scott, who was left with a permanent brain injury after suffering a blood clot and bleeding on the brain that prevented him from working after receiving 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 admitted, in a legal document submitted to the High Court in February, that its Covid vaccine could “cause TTS, in very rare cases”.
TTS – which stands for Thrombosis with Thrombocytopenia Syndrome – causes blood clots and low blood platelet counts.
Fifty-one cases have been lodged in the High Court, with victims and relatives seeking damages estimated to be worth up to £100 million.
AstraZeneca’s admission – made in legal defense of Mr Scott’s High Court claim – follows a tough legal battle. It could pay off if the drug company admits that 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 response letter sent in May 2023, AstraZeneca told lawyers for Mr Scott that “we do not accept that generic level TTS is caused by the vaccine”.
But in the legal document submitted to the High Court in February, AstraZeneca said: “It is acknowledged that the AZ vaccine can, in very rare cases, cause TTS. The causative mechanism is not known.
“Furthermore, TTS can also occur in the absence of the AZ vaccine (or any vaccine). There will be a reason for expert evidence in any individual case.”
Lawyers argue that the AstraZeneca-Oxford vaccine is “flawed” and that its effectiveness has been “grossly exaggerated” – a claim 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 Covid-19 vaccination began.
Lawyers for the claimants argue that VITT is a subset of TTS, although AstraZeneca does not appear to recognize the term.
The Government has protected AstraZeneca against any legal action but has so far refused to intervene.
Kate Scott, Mr Scott’s wife, told the Telegraph: “The medical world has long accepted that VITT was caused by the vaccine. Only AstraZeneca questioned whether Jamie’s condition was a result of the asthma.
“It takes three years for this entry to come. It is progress, but we want to see more from them and the Government. It’s time for things to move faster.
“Hopefully his admission means we can sort this out sooner rather than later. We want an apology, fair compensation for our family and other families affected. The truth is on our side, and we are not going to give up.”
‘Patient safety is our highest priority’
Sarah Moore, a partner at law firm Leigh Day, which is bringing the legal claims, said: “It took a year for AstraZeneca to formally admit that the vaccine can cause the damaging blood clots, when the clinical with this fact widely. communities from the end of 2021.
“In that context, unfortunately AZ, the Government and their lawyers seem more keen to play strategic games and rack up legal fees than to seriously address the devastating impact of their AZ vaccine on the lives of our clients.”
In a statement AstraZeneca said: “We offer our condolences to anyone who has lost a loved one or reported health problems. Patient safety is our highest priority, and regulatory authorities have clear and strict 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 been consistently shown to have an acceptable safety profile and regulators around the world consistently state that the benefits of vaccination outweigh the risks. belongs to a very rare potential side. effects.”
The company is pointing out that product information related to the vaccine was updated in April 2021, with the approval of the UK regulator, to include “the possibility that the AstraZeneca-Oxford vaccine may, in very rare cases , be the inspiration for ” TTS.
The company does not acknowledge claims that they have turned around while admitting that the vaccine can cause TTS in court documents.
Independent studies show that AstraZeneca’s vaccine has been highly effective in combating the pandemic, saving more than six million lives worldwide in the first year of its rollout.
The World Health Organization has said the vaccine was “safe and effective for everyone aged 18 and over” and that the adverse effect that prompted the legal action was “very rare”.
The vaccine – heralded when Boris Johnson launched it as a “triumph for British science” – is no longer used in the UK.
In the months following the rollout, scientists identified a potentially serious side effect of the job. It was then suggested that another job be offered to people under the age of 40 because the risk associated with the AstraZeneca vaccine was greater than the harm caused by Covid.
Lawyers representing families suing the drug company argue that the vaccine was not as safe as individuals were entitled to expect. They are suing the Cambridge-based firm under the Consumer Protection Act 1987.
Mr Scott’s lawyers argued that he suffered “personal injuries and consequential losses arising from his immune-induced thrombocytopenia (VITT) as a result of his vaccination on 23 April 2021, with the AstraZeneca Covid-19 vaccination”.
Official figures from the Medicines and Healthcare Products Regulatory Agency (MHRA) show that at least 81 deaths in the UK are suspected to be linked to the adverse reaction which caused clotting in people who also had low blood platelets.
In total, almost one in five people who suffered from the condition died as a result, according to MHRA figures.
The Government runs its own vaccine compensation scheme but alleged victims claim the one-off payment of £120,000 is insufficient.
Figures obtained under a Freedom of Information request show that out of 163 payouts made by the Government by February this year, at least 158 went to recipients of the AstraZeneca vaccine.
The Vaccine Damage Payment Scheme compensates those injured or bereaved by vaccines. Fewer than five people received vaccines under the scheme other than AstraZeneca.
AstraZeneca has previously argued in court papers that claims against the company are “confusing” and “legally incorrect”. In the defense filing, AstraZeneca said the benefit/risk profile of the vaccine was, and remains, positive.
AstraZeneca is the UK’s second largest public company, with a market capitalization of more than £170 billion. Its chief executive, Sir Pascal Soriot, is the highest paid manager among FTSE 100 companies, with earnings close to £19 million.