Fiancée Receives First COVID Vaccine Damage Payment –  NO WIN NO FEE Vaccine Damage Solicitors

Vaccine Damage Payment
LLB (Hons) Nimish Patel
Written by: Jessica Lee Legally reviewed by: LLB (Hons) Nimish Patel Updated: In: Medical Negligence

Fiancée Received the First COVID-19 Vaccine Damage Payment Compensation

Ms Spit becomes the first person to receive a COVID vaccine damage payment. This is after her fiancé Zion, died after having the AstraZeneca vaccine.

Eight days after Zion received his AstraZeneca vaccine, he fell ill and passed away in May 2021. Zion was a 48-year-old former rock singer of Alston, Cumbria. Zion’s fiancée, Ms Spit states that “he was healthy and exercised regularly.”

Ms Spit called for an ambulance for Zion when he began suffering from “excruciating” headaches. 6 days later, he died in Newcastle’s Royal Victoria Infirmary. His death certificate confirms that he died due to complications from the AstraZeneca vaccine. She adds Zion would have had a good chance of survival if he had received treatment earlier.

The impact of Zion’s death left Ms Spit in debt after losing his earnings. Ms Spit claims that she should have received closer to £180,000 from the covid vaccine damage payment. This figure would cover the financial loss caused by the death of Zion. She adds that the pay-out sum had not been kept in line with inflation since the scheme was set up. Ms Spit additionally claims, she had to wait too long for compensation under the Vaccine Damage Payment Scheme 1979.  From his death in May 2021, it took until  June 2022 to make the award.

Ms Spit States:

“I am still heartbroken by the sudden loss of my partner of 21 years, and alongside this emotional trauma, I have also been faced with financial hardship as a result of the loss of Zion’s contribution to household finances.”

“There just isn’t the proper financial aid coming from the government to support those who have lost family to the vaccine.”

Ms Spit is now calling on the government to increase the maximum pay-out. This will better reflect the loss of earnings that a person in their 40s would have made before their retirement.

Nimish Patel, Senior Associate in the Clinical Negligence Department at AWH Solicitors states:  

The current system was established in 1979 in relation to any vaccine and the reaction to a Covid vaccine has been applied to the existing system.  However, the vast majority of claims where we have been contacted have been due to a number of factors and not necessarily reached 60% disability directly due to a Covid vaccine.”

“We believe that the system should be altered to take into account a sliding scale similar to a disability benefit claim and consider the circumstances as a whole rather than a lump sum paid solely for those with a severe disability.”

Who Can Claim a Vaccine Damage Payment?

Vaccine damage payments are available to anyone that has become severely disabled as a direct result of receiving a vaccination, provided that they can prove that they are more than 60% disabled.

What Counts as ‘Severely Disabled’ Under the Vaccine Damage Payment Scheme?

One aspect of the Vaccine Damage Payment Scheme that is difficult to specify, what classifies as ‘severely disabled.’

Gov.uk classified ‘severely disabled’ as someone who is at least 60% disabled. This could be mental of physical disablement and will be based on the medical evidence from the doctors or hospitals involved in your treatment.

Can I Apply for a Vaccine Damage Payment on Behalf of Someone Who has Died?

You can submit an application for Vaccine Damage Payment on behalf of someone who has died.  This is if a vaccination has left them with a ‘severe disability’. You need to be managing their estate to apply. 

Find out if you are eligible for a vaccine damage payment here.

 Can I Make a Claim with a Medical Negligence Solicitor for Vaccine Damage Scheme Claim? 

The Vaccine Damage Payment Scheme is not a compensation scheme. It does not prejudice the right of the disabled person to pursue a claim for damages through the courts. The Vaccine Damage Payment Scheme provides a one-off tax-free payment of up to £120,000 to successful applicant where a vaccination has directly caused severe disablement.

To submit a Vaccine Damage Payment Claim you must fill out the claim form and send it to the postal address or email address on the form. You can find the form here.

We are able to investigate a claim for  clinical negligence arising from the Covid vaccine whilst you are applying for the lump sum payment and your application would not prevent you from bringing a legal claim.

It takes on average, 6 months for the NHS Business Services Authority to investigate any non-COVID-19 related claims from the date the scheme receives your form and requests your medical records.

Find out more about Vaccine Damage Claims here.

Do I Need a Solicitor to Make a Vaccine Damage Payment Scheme Claim?

It is not a requirement for you to have a solicitor when making a Vaccine Damage Payment Scheme claim. However, the process can be difficult to navigate with many individuals unable to successfully make a claim alone. Therefore, with the help of AWH’s expert medical negligence solicitors, we can guide you through the process, taking the stress out of your hands, giving you the time that you need to come to terms with your disability or the loss of a loved one.

In recent years a growing number of individuals have critiqued the Vaccine Damage Payment Scheme for being a ‘clunky’ process. Many individuals have claimed it is hard to track their claim, with little to no updates. Until the government listens to these calls for a scheme reform, it remains difficult for individuals to complete the process on their own and successfully obtain compensation.

With your designated no win, no fee, medical negligence solicitor fighting on your side, you improve your chance of bringing forward a successful claim or countering a rejection. Additionally, your solicitor will keep you inform and update throughout the whole process, answering any questions that may arise.

To speak to one of our specialists about making a claim through the vaccine payment scheme or for any general queries, get in contact here.

No Win, No Fee Medical Negligence Solicitors

Our vaccine damage solicitors handle every case on a no win no fee agreement. This means that if we do not successfully achieve your Vaccine Damage Payment Scheme compensation, you do not owe us anything. Our team operates with compassion and sensitivity, working hard to get to know everything about what happened to you to present the best case possible on your behalf.

Before we start your claim we will provide you with a free assessment of your case, so you know exactly what making a claim will entail for you. Your well-being and recovery are our number one priority, and we want to help in the best way possible.

We recommend getting in touch as soon as possible as time limits involved with Vaccine Damage Payment claims may vary.

Get in touch