COVID-19 vaccine manufacturers indemnified against side effects liability claims

M.R.M. made this Official Information request to Ministry of Health

The request was successful.

From: M.R.M.

Dear Ministry of Health,

1. Please provide me with a copy or copies of all of the relevant information pertaining to manufacturers of Covid-19 vaccines (who have agreed to supply New Zealand with their particular brand of Covid-19 vaccines) that evidence each of them having been legally indemnified (e.g. by way of a formal written agreement/contract) against Covid-19 side effects liability claims.

2. If any of the abovementioned manufacturers/suppliers have not been indemnified as described above by formal written agreement/contract, then please provide their name/s.

3. In addition, please provide me with a copy or copies of all of the relevant information pertaining to the New Zealand Government setting up a statutory no-fault vaccine injury compensation scheme for those persons who suffer side effects, and, who want or need to make a liability claim against the particular manufacturer/supplier of the Covid-19 vaccine administered to them.

4. Furthermore, and failing the above, please provide me with a copy or copies of all of the relevant information pertaining to the New Zealand Government funding any and all forms and/or levels of legal action/s for those persons who suffer side effects, and, who want or need to make a liability claim against the particular manufacturer/supplier of the Covid-19 vaccine administered to them.

Yours faithfully,

M.R.M.

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M.R.M. left an annotation ()

My apologies, I forgot to add to my request that my preference is to receive the requested information in writing and through the FYI.org.nz platform.

Thank you.

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From: OIA Requests


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Kia ora

 

Thank you for your email dated 1 December 2020 requesting the following
information under the Official Information Act 1982:

 

1. Please provide me with a copy or copies of all of the relevant
information pertaining to manufacturers of Covid-19 vaccines (who have
agreed to supply New Zealand with their particular brand of Covid-19
vaccines) that evidence each of them having been legally indemnified (e.g.
by way of a formal written agreement/contract) against Covid-19 side
effects liability claims.

2. If any of the abovementioned manufacturers/suppliers have not been
indemnified as described above by formal written agreement/contract, then
please provide their name/s.

3. In addition, please provide me with a copy or copies of all of the
relevant information pertaining to the New Zealand Government setting up a
statutory no-fault vaccine injury compensation scheme for those persons
who suffer side effects, and, who want or need to make a liability claim
against the particular manufacturer/supplier of the Covid-19 vaccine
administered to them.

4. Furthermore, and failing the above, please provide me with a copy or
copies of all of the relevant information pertaining to the New Zealand
Government funding any and all forms and/or levels of legal action/s for
those persons who suffer side effects, and, who want or need to make a
liability claim against the particular manufacturer/supplier of the
Covid-19 vaccine administered to them.

 

The Ministry's reference number for your request is: H202008646

 

As required under the Act we will endeavour to respond to your request no
later than 20 January 2021 being 20 working days after the day your
request was received.  

 

Please note, the three weeks between Christmas Day and 15 January 2021 do
not count as working days. For more information, please refer to the
following website: [1]http://www.ombudsman.parliament.nz/

If we are unable to respond to your request within this time frame, we
will notify you of an extension of that time frame.

 

If you have any queries related to this request, please do not hesitate to
get in touch.

 

Nga mihi

 

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [2][email address]

 

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From: M.R.M.

Dear OIA Requests,

I am disappointed - especially considering the importance of the issue to which my information request is related - that you have not yet responded to it.

Please do this as a matter of priority and urgency.

Yours sincerely,

M.R.M.

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From: Yuuki Smithers


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Kia ora M.R.M.

 

Thank you for your request for official information, which was received on
1 December 2020 requesting:

 

“1.  Please provide me with a copy or copies of all of the relevant
information pertaining to manufacturers of Covid-19 vaccines (who have
agreed to supply New Zealand with their particular brand of Covid-19
vaccines) that evidence each of them having been legally indemnified (e.g.
by way of a formal written agreement/contract) against Covid-19 side
effects liability claims. 

2.  If any of the abovementioned manufacturers/suppliers have not been
indemnified as described above by formal written agreement/contract, then
please provide their name/s.

3.  In addition, please provide me with a copy or copies of all of the
relevant information pertaining to the New Zealand Government setting up a
statutory no-fault vaccine injury compensation scheme for those persons
who suffer side effects, and, who want or need to make a liability claim
against the particular manufacturer/supplier of the Covid-19 vaccine
administered to them. 

4.  Furthermore, and failing the above, please provide me with a copy or
copies of all of the relevant information pertaining to the New Zealand
Government funding any and all forms and/or levels of legal action/s for
those persons who suffer side effects, and, who want or need to make a
liability claim against the particular manufacturer/supplier of the
Covid-19 vaccine administered to them”. 

 

The Ministry of Health has decided to extend the period of time available
to respond to your request under section 15A of the Official Information
Act 1982 (the Act) as consultation necessary to make a decision on your
request is such that a proper response cannot reasonably be made within
the normal 20 working day time limit. The Ministry of Health will reply to
your request by no later than 11 February 2020, earlier if possible.

 

You have the right under section 28(3) of the Act to ask the Ombudsman to
review our decision to extend the time available to respond to your
request.

 

Ngâ mihi

 

Yuuki

 

Yuuki Smithers

OIA Advisor | OIA Services | Office of the Director-General | Ministry of
Health

E: [1][email address]

 

 

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From: OIA Requests


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Kia ora M.R.M,

 

On behalf of Wendy Illingworth, Group Manager, Public Health System
Policy, please see attached the response to your OIA request.

 

 

Ngā mihi

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [1][email address]

 

 

 

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From: M.R.M.

Dear OIA Requests,

Thank you for the response you have provided.

I cannot understand why the time for answering my request had to be extended as there is no information that you have provided which would not have ordinarily been at the fingertips of the Ministry of Health.

I am also requesting that you please provide me with the link that is given in the response letter in a format that can be clicked on and which will then me or any other reader to the information directly. I am unable to paste and copy the link included in the letter and it cannot easily or properly be translated manually into an empty browser page.

I am also astounded to learn that the ACC covers vaccination injuries - as a "treatment injury" class of claim. Certainly too, no compensation will be paid by the ACC in the event of such a claim related to Covid-19 vaccination, and in my experiences of dealing with the ACC the person who suffers a "treatment injury" event will really struggle to have their claim accepted. In this regard, there is a further concern insofar as the ACC does not collect data on "treatment injury" claims related to "vaccine injuries."

Yours sincerely,

M.R.M.

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From: OIA Requests

Kia ora M.R.M,

Thank you for your email.

As requested, please see the following link below provided in the response letter.
https://www.parliament.nz/en/pb/papers-p...

As stated in the response letter provided to you, under section 28(3) of the Act you have the right to ask the Ombudsman to review any decisions made under this request. The Ombudsman may be contacted by email at: [email address] or by calling 0800 802 602.

Ngā mihi

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

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