(MENAFN- AzerNews) South Australian vaccine-affected public servant wins legal
victory over government, Azernews reports, citing
Australian news agency.
44-year-old Daniel Shepherd developed pericarditis due to a rare
reaction to the third dose of Pfizer's COVID-19 vaccine. The third
vaccination was necessary for him to start working for the
Department of Child Protection.
The decision was made in mid-January by the South Australian
Employment Tribunal.
According to tribunal documents, Mr Shepherd's employer, the
South Australian Department of Child Protection (DCP), required him
to have a third dose of Pfizer's mRNA-containing Covid-19
vaccine.
Mr Shepherd had the injection on 24 February 2022 and in the
following weeks experienced increasing chest pain, leading him to
think he was having a heart attack and call an ambulance on 11
March.
Diagnosis revealed post-vaccinal pericarditis, an inflammation
of the membrane surrounding the heart.
Mr Shepherd later filed a claim for weekly allowance and medical
expenses, which the state of South Australia initially
rejected.
A state employer will pay weekly compensation and medical bills
for an Adelaide public servant who developed a heart condition as a
result of a reaction to the Covid-19 vaccine, under a landmark
ruling.
The state initially disputed the link between the vaccine and
the injury, but later accepted that the third dose of the vaccine
caused Mr Shepherd's injury and subsequent disability.
Despite accepting that the third dose of the Covid-19 vaccine
caused Mr Shepherd's injury, the state of South Australia sought to
challenge his claim on two grounds.
The state argued that the injury was not related to his
employment as defined in the Return to Work Act state also
argued that the injury was related to a referral under the
Emergency Management Act.
According to the state, if the criteria of the Return to Work
Act are met, the Emergency Management Act relieves them of any
liability related to the injury and also protects them from any
acts or oversight in the management of the broader Covid-19
pandemic.
Judge Mark Calligeros, Vice-Chairman of the SA Employment
Tribunal, ultimately rejected DCP's arguments.
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