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May 01, 2023 - 6:00 PM
A Lake Country man who was diagnosed with a rare condition that can cause paralysis and muscle weakness shortly after being vaccinated for COVID-19 is suing AstraZeneca along with the pharmacy that gave him the shot and the provincial and federal governments.
According to a Notice of Claim filed in the Supreme Court of BC April 28, Ross Wightman was diagnosed with Guillain-Barré syndrome, a condition that affects the nervous system, weeks after he received the AstraZeneca COVID-19 jab.
"At all material times, information about the potential risk of Guillain-Barré syndrome or other neurological issues from the AstraZeneca Vaccine and COVISHIELD was not outlined, adequately or at all, online," the Notice of Claim reads.
The notice of claim says Wightman got the jab on April 30, 2021, and awoke with severe lower back pain 10 days afterwards.
He visited the hospital several times complaining of the pain before being diagnosed with Guillain-Barré syndrome two weeks after he got vaccinated.
He then spent more than two months in the hospital.
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In his lawsuit, he's suing AstraZeneca Canada, the manufacturing company Verity Pharmaceuticals, Health Canada, the Interior Health Authority, Hogarth's Clinic Pharmacy, and the unknown staffer who administered the vaccine referred to as John Doe.
Since being diagnosed, Wightman has spoken to numerous media organizations about Guillain-Barré syndrome.
A former realtor and pilot, Wightman was walking with orthopedic braces when Global News caught up with him in June 2022.
Wightman, who is in his early 40s, had been approved for compensation from the federal government through its Vaccine Injury Support Program.
The maximum amount was a tax-free lump sum of $284,000, but Wightman told Global he did not qualify for the full amount. There is also an income replacement program of up to $90,000 per year.
According to the Vaccine Injury Support Program from June 2021 to December 2022, 1,299 claims have been received. Up until December 2022, only 50 have been successful although hundreds are still in the process of being reviewed.
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In the court documents, Wightman accuses AstraZeneca of failing to conduct appropriate testing to determine whether the vaccine posed serious health risks.
"Including the magnitude of risk of developing serious injuries or conditions, such as Guillain-Barré syndrome," the court document reads.
Wightman also accuses the company of "negligently manufacturing" a vaccine that it "knew or ought to have known" contained a defect and was potentially dangerous and that could cause injury.
The court documents say that similar influenza vaccines were known to cause Guillain-Barré syndrome and that the defendants knew or ought to have known that the AstraZeneca vaccine could carry a similar risk.
AstraZeneca Canada told iNFOnews.ca it couldn't comment on ongoing legal matters.
"Our sympathy goes out to anyone who has reported health problems," the company said in a statement.
"Patient safety is our highest priority and regulatory authorities have clear and stringent standards to ensure the safe use of all medicines, including vaccines," the statement read. "From the body of evidence in clinical trials and real-world data, Vaxzevria has continuously been shown to have an acceptable safety profile and regulators around the world consistently state that the benefits of vaccination outweigh the risks of extremely rare potential side effects. Health Canada granted for Vaxzevria for Canada based on the safety profile and efficacy of the vaccine."
The company goes on to say that more than three billion doses of the vaccine have been supplied worldwide and the vaccine helped to save more than six million lives worldwide in 2021, the first year of availability.
None of the allegations have been proven in court. None of the defendants have yet to file a statement of defence.
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Wightman's lawyer was not immediately available for comment.
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