The COVID-19 Vaccine Claims Scheme opened in late December 2021 to offer financial assistance to Australians adversely affected by COVID-19 vaccines. That doesn’t mean that those impacted have all found it satisfying or productive. Described as “a simple and quick administrative process for compensation,” the scheme has faced significant challenges since its closure one year ago. As of early September 2023, almost 5,000 claims have flooded in. The vast majority of claimants are still waiting for claims to be resolved, shattering lives and leaving many futures uncertain.
The program was intended to help people with negative reactions to COVID-19 vaccines. Reality is more complicated than we envisioned. Claimants such as Rado Faletic, Naomi Smith and Michelle Grace Hunder talk about the trauma of the scheme with respect to their claim journeys. Chris Nemeth’s report urges the Federal Government to start treating these issues with the seriousness they deserve. More importantly, he underscores the draconian effect these measures have on people’s everyday lives.
Overview of the Claims Scheme
Since its announcement, the COVID-19 Vaccine Claims Scheme has paid out just 4,962 claims. Of these, only 522 have gone through the entire process of approval, leading to over $40 million in approved payouts. Alarmingly, 2,482 claims have been denied, 1,045 withdrawn and 722 claims are still pending. The scheme’s failure to deliver timely resolutions has forced thousands of people to live with ongoing health consequences and financial strain.
Kathleen Kelly, who filed her application in February 2023, is one of many still waiting for a decision. Her experience is emblematic of how long and traumatizing the claims process can be as it often takes years to push through. Tanya Neilson, a plaintiffs’ attorney, points out that vaccinees have to continue to show claimants what injury they had from the vaccine.
“It’s just terrible for those who have suffered harm and who are waiting and have no other right of obtaining compensation.” – Tanya Neilson
The Department of Health, Disability and Ageing is now reviewing the feasibility of a no-fault vaccine compensation scheme. This research will assess different compensation schemes for NIP vaccines. We anticipate having results available in the first half of 2026.
Personal Stories of Struggle
Administrators have told us nightmare stories about the vaccination process and eventual claims. Chris Nemeth has lost so much due to his debilitating health issues, which necessitate weekly self-administered immunoglobulin injections and daily medications. He depicts his life on the ground as one lived amid confusion and aggravation on a daily basis.
“A good day is when I can swing my feet out of bed. A bad day is one I’ve had before — when my feet don’t move and I’m effectively paralysed.” – Chris Nemeth
Taken together, Nemeth’s optimistic comments serve to illustrate the gulf between his best days and what he still must contend with on worse days. He feels that the system has done him wrong. This creates incredibly high stakes for him, as he is constantly pressured to either abandon his claim or succumb to his health challenges.
“It’s like they were waiting for me to either go away because it was too hard, or pass away.” – Chris Nemeth
Former director of the National Vaccine Program Kathleen Kelly looks back on her worries before receiving the vaccine. While she had tolerated flu vaccinations before, her allergies made her afraid to get the COVID-19 vaccine. Soon after her second injection, she knew something was terribly amiss.
“After my second injection, I knew straight away I was in trouble … and it was horrific.” – Kathleen Kelly
Kelly’s experience is a good reminder of the anxiety that many experienced before receiving their vaccinations. That concern has been exacerbated, given the experiences faced during the claims process.
Ongoing Frustrations and Unmet Needs
The recent closure of the claims scheme has left as many as 20,000 people out in the cold, and feeling cast aside. Naomi Smith says she still meets people who didn’t know about the compensation scheme before the deadline. This underscores an important lacuna in communicating what resources are available to those affected by vaccine injuries.
Michelle Grace Hunder expresses her devastation over the ongoing situation, emphasizing the toll it has taken on individuals and families who have sought help through the claims process.
“It’s absolutely devastating — the toll this has taken on people and the unfairness of it all.” – Michelle Grace Hunder
Tanya Neilson, whose father died in the tragedy, tells us that the confusing claims process added to the pain already felt by survivors. She publicly dubs it one of the most convoluted schemes she’s ever encountered. With complexity defined—after two decades as a personal injury lawyer, she should know it—
“Having worked as a personal injury lawyer for 20-odd years, I’ve never come across a scheme that is as complex and problematic as this.” – Tanya Neilson
A policy official representing Minister Mark Butler stated that with the scheme now closed, no changes to its policy are under consideration.
“With the scheme having closed, changes to the scheme policy are not under consideration.” – Policy official on behalf of Mark Butler