Court rejects liability claim over teen's vaccine death
https://www.westernstandard.news/news/court-rejects-liability-claim-over-teens-vaccine-death/63460
An Ontario judge has dismissed a lawsuit from the family of a high school student who died weeks after receiving a COVID-19 vaccination, ruling that the federal health department had no duty of care to individuals unintentionally harmed by pandemic policies.
"The plaintiff’s tragedy is real, but there is no private law duty of care made out," wrote Ontario Superior Court Justice Sandra Antoniani. "There is no private law duty of care to individual members of the public injured by government core policy decisions in the handling of health emergencies which impact the general population."
Blacklock's Reporter says Sean Hartman, 17, of Beeton, Ont., passed away suddenly on September 17, 2021, three weeks after taking a Pfizer-BioNTech vaccine. His family sought a ruling on whether the health department failed to properly warn Canadians of potential fatal risks linked to the COVID-19 vaccine.
Antoniani dismissed the case, stating that federal actions during the pandemic were designed to mitigate broad health impacts.
"The defendants deemed that urgent action was necessary," she wrote. "Imposing a private duty of care would negatively impact the defendants’ ability to prioritize the entire public’s interests, creating fear over possible harm to individuals and exposing the government to litigation and unlimited liability."
Weeks after Hartman’s death, the National Advisory Committee on Immunization flagged myocarditis as a rare but concerning risk for young men receiving the Moderna vaccine.
In December 2023, the committee advised that patients aged 12 to 29 should avoid Moderna due to elevated rates of heart inflammation and instead opt for Pfizer-BioNtech, with recommended doses spaced eight weeks apart.
The Public Health Agency of Canada reported 11,702 serious vaccine-related adverse events, including 635 strokes and heart attacks, 323 cases of internal bleeding, 216 instances of facial paralysis, 101 aborted pregnancies, 82 kidney injuries, and 40 liver injuries.
In total, 488 deaths were reported following vaccination, though the agency stated these were not necessarily linked to the vaccine.
The federal Vaccine Injury Support Program has so far paid $16.6 million in compensation, including funeral costs. As of December 1, 2023, 2,060 claims were submitted, with 219 approved.