An Examination of the Viability of a Class Action for Adverse Events Following Covid-19 Immunizations

AuthorLogan MacLeod
PositionRecently completed the Common Law Master of Law program at the Peter A. Allard School of Law and is an articling student with Kazlaw Injury Lawyers in Vancouver, British Columbia
An Examination of the Viability of a Class Action for
Adverse Events Following COVID-19 Immunizations
Logan MacLeod
AbstrAct: The COVID-19 pandemic has forced governments around the
world to take extraordinary measures to mitigate the virus’s deadly impact.
These measures include the approval, procurement, and distribution of
vaccines to citizens. This paper examines the likelihood of a class action
against the Canadian federal government being certif‌ied under British
Columbia’s Class Proceedings Act, RSBC 1996, c 50 for Adverse Ef‌fects Fol-
lowing Immunization [AEFIs] caused after receiving a dose of a govern-
ment-approved vaccine. Intended as a thought experiment, this essay is
not a case study of an actual action, but rather a study of how the Act
and the courts would approach such a case, were it brought. It explores
what the proper cause of action would be, what potential class def‌inition
would be chosen, what the proposed common issues would be, and the
viability of alternative procedures for resolving claims for AEFIs. This has
been done through an examination of the currently available data relating
to the vaccine approval process, and a review of relevant jurisprudence.

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