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

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 Following Immunization AEFI caused after receiving a dose of a government-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 AEFI. This has been done through an examination of the currently available data relating to the vaccine approval process, and a review of relevant jurisprudence.