Disability lawyer James Fireman on vaccine injury compensation

After an initial dose of the Oxford AstraZeneca COVID-19 vaccine a man in B.C was diagnosed with Guillain-Barré Syndrome and is partially paralyzed. Wightman, like many others, is eligible to receive benefits from the Vaccine Injury Support Program.

What are these applicants eligible to receive in terms of a damages claim? Are they owed additional income replacement if they are unable to work as a result of their new medical condition or ongoing symptoms?

James Fireman, a disability lawyer and national practice leader spoke to the National Post on the possibility of damage claims and additional compensation.

“In personal injury litigation, a lump-sum general damages claim in Canada is capped at approximately $426,000 while income replacement is generally not capped at all,” Fireman explains.

Fireman goes on the state that recipients should be prepared to wait. “The reality is, litigation is pretty slow,” says Fireman, “not that government programs are lightning fast either, but my understanding is the payout timeline is probably a fair bit shorter.”

Fireman also states that approval for VISP doesn’t prevent individuals from other legal recourse. “The VISP “isn’t an either-or. You can apply and if you’re approved that doesn’t preclude you from pursuing litigation,” says Fireman.