Post by Gort on Nov 23, 2022 21:00:54 GMT 10
Well, I guess Jody misses out on compo then.
Federal Court dismisses horse owners' $53 million Hendra vaccine damages class action
ABC Newcastle / By Giselle Wakatama and Keely Johnson
Posted 10h ago10 hours ago, updated 9h ago
Horse owners from New South Wales and Queensland were part of the legal class action. (Dave Hunt: AAP)
Key points:
The Federal Court has dismissed a $53 million damages claim by horse owners
The owners alleged the Hendra vaccine had negative side affects in their horses or caused death
Zoetis Australia PTY LTD maintains the vaccine was "safe and effective"
The Federal Court has dismissed an application for $53 million in damages in a class action by horse owners over alleged deaths and side effects from the Hendra vaccine.
The horse owners, from New South Wales and Queensland, claimed that animal pharmaceuticals company Zoetis Australia Pty Ltd did not provide adequate warnings about potential side effects of the vaccine on their horses.
About half a million doses have been administered to horses across Australia since 2012.
More than 1,500 horses experienced adverse reactions and some died.
Lawyers for the horse owners argued their animals suffered side effects from the vaccine that led to loss and damage.
Judge: 'Too many uncertainties'
Alleged losses or damages included reduced financial value of horses, veterinary treatment expenses, loss of income generated by the horse, loss of opportunity to gain income from the horse and the replacement value of the horse.
But the court rejected the claims.
"There were too many uncertainties to find the vaccine caused any serious side effects," Justice Steve Rares said.
"Based on the expert evidence, none of the clinical signs on which the applicant relied as serious or debilitating side effects was, in fact, a side effect of Equivac HeV, except in respect of those that I found were transient side effects."
Mr Rares said some of the transient side effects were lumps, hives, lethargy and pain.
Zoetis has always denied any wrongdoing or liability and maintained the vaccine was "safe and effective".
The Hendra virus can be passed to humans from horses infected by fruit bats (flying foxes).
It has killed more than 100 horses and four people in 60 separate outbreaks in QLD and NSW.
'Disappointing result', says horse owner
Newcastle-based horse owner Sue Middleton said she was disappointed by the court ruling.
"It's not the result they wanted," she said.
"But we do have to take away the positives that we got the case to court which in itself was quite a challenge."
Ms Middleton was instrumental in helping the class action.
"I'd put together a database," she said.
"I've been collecting information over time on over 110 horses their owners believed to have died after vaccination.
"A lot of those cases formed the basis of this case."
'Never seen anything like it'
Ms Middleton said she was "one of many people that lost a horse".
"I found him [her horse] a couple of days after with a temperature almost 41 degrees, which is very high," she said.
"He couldn't walk, couldn't eat ... I'd never seen anything like it."
Ms Middleton said she, and many other horse owners she knew, would never use the Hendra vaccine again.
"I vaccinated 15 horses at the time and I lost one," she said.
"I have never given it to any other of my horses and I have never purchased a horse that has had it [the vaccine]."
www.abc.net.au/news/2022-11-23/hendra-vaccine-side-effects-federal-court-class-action/101687258
Federal Court dismisses horse owners' $53 million Hendra vaccine damages class action
ABC Newcastle / By Giselle Wakatama and Keely Johnson
Posted 10h ago10 hours ago, updated 9h ago
Horse owners from New South Wales and Queensland were part of the legal class action. (Dave Hunt: AAP)
Key points:
The Federal Court has dismissed a $53 million damages claim by horse owners
The owners alleged the Hendra vaccine had negative side affects in their horses or caused death
Zoetis Australia PTY LTD maintains the vaccine was "safe and effective"
The Federal Court has dismissed an application for $53 million in damages in a class action by horse owners over alleged deaths and side effects from the Hendra vaccine.
The horse owners, from New South Wales and Queensland, claimed that animal pharmaceuticals company Zoetis Australia Pty Ltd did not provide adequate warnings about potential side effects of the vaccine on their horses.
About half a million doses have been administered to horses across Australia since 2012.
More than 1,500 horses experienced adverse reactions and some died.
Lawyers for the horse owners argued their animals suffered side effects from the vaccine that led to loss and damage.
Judge: 'Too many uncertainties'
Alleged losses or damages included reduced financial value of horses, veterinary treatment expenses, loss of income generated by the horse, loss of opportunity to gain income from the horse and the replacement value of the horse.
But the court rejected the claims.
"There were too many uncertainties to find the vaccine caused any serious side effects," Justice Steve Rares said.
"Based on the expert evidence, none of the clinical signs on which the applicant relied as serious or debilitating side effects was, in fact, a side effect of Equivac HeV, except in respect of those that I found were transient side effects."
Mr Rares said some of the transient side effects were lumps, hives, lethargy and pain.
Zoetis has always denied any wrongdoing or liability and maintained the vaccine was "safe and effective".
The Hendra virus can be passed to humans from horses infected by fruit bats (flying foxes).
It has killed more than 100 horses and four people in 60 separate outbreaks in QLD and NSW.
'Disappointing result', says horse owner
Newcastle-based horse owner Sue Middleton said she was disappointed by the court ruling.
"It's not the result they wanted," she said.
"But we do have to take away the positives that we got the case to court which in itself was quite a challenge."
Ms Middleton was instrumental in helping the class action.
"I'd put together a database," she said.
"I've been collecting information over time on over 110 horses their owners believed to have died after vaccination.
"A lot of those cases formed the basis of this case."
'Never seen anything like it'
Ms Middleton said she was "one of many people that lost a horse".
"I found him [her horse] a couple of days after with a temperature almost 41 degrees, which is very high," she said.
"He couldn't walk, couldn't eat ... I'd never seen anything like it."
Ms Middleton said she, and many other horse owners she knew, would never use the Hendra vaccine again.
"I vaccinated 15 horses at the time and I lost one," she said.
"I have never given it to any other of my horses and I have never purchased a horse that has had it [the vaccine]."
www.abc.net.au/news/2022-11-23/hendra-vaccine-side-effects-federal-court-class-action/101687258
