A number of media outlets are reporting that the Morrison government has given the suppliers of two COVID-19 vaccines indemnity against prosecution for rare side effects. The reporting is not as precise as it could have been, referring to both prosecutions and indemnity, however one article says: “As part of its $1.7 billion deals to secure more than 84.8 million doses of the Oxford University and University of Queensland vaccines if successful, the federal government has indemnified…

In the Torts Law Journal (forthcoming) abstract for his article Marco Rizzi writes: In late September 2019, the Court of Appeal of Western Australia, comprising Quinlan CJ, Murphy and Pritchard JJA, handed down a significant judgment that sheds a measure of light over some intricate aspects of medical liability in WA. The Civil Liability Act 2002 (WA) (‘CLA’) is unique in its provision of a special standard of care for health professionals under s 5PB.…

Ellis v Medical Board of Australia [2020] VCAT 862 (on AUSTLII) saw an unsuccessful appeal by a medical practitioner against a decision of the Medical Board of Australia to suspend his registration. The decision is of interest mainly because the notification to the Medical Board, made by the practice manager of the clinic in Melbourne where the doctor was working at the time, prompted an investigation into his use of social media. Certain posts…

STC3141 – An Open Label, Multi-Centre Study to Determine the Safety and Efficacy of STC3141 Administered as an Infusion for up to 5 Days in Subjects with COVID-19 Respiratory Distress Syndrome Requiring Intensive Care [2020] NSWCATGD 16 (available on Caselaw) required the Tribunal to consider whether to allow a trial to use human subjects who are unable to give their own consent to participation in a trial, and whether a person responsible can provide…

COVID-19 and medical litigation – More than just the obvious is an advance copy article by Professor Anne-Maree Kelly. The author notes that changes to the health system due to COVID-19 have been wide ranging and not limited to suspected or confirmed cases. Some treatments recognised as the standard of care have been curtailed. Patients in hospital are being cohorted based on COVID-19 risk rather than clinical needs. She goes on to examine whether, in…

The NSW Law Society has drawn attention to the recent reference to the Parliamentary Joint Committee on Corporations and Financial Services for inquiry and report by 7 December 2020. The terms of reference are: Whether the present level of regulation applying to Australia’s growing class action industry is impacting fair and equitable outcomes for plaintiffs, with particular reference to the following: what evidence is available regarding the quantum of fees, costs and commissions earned by…