Mbombela man claims over R31m for vaccine injury

Desmond Milligan, a 41-year-old Lowvelder, has filed a lawsuit against Dr Joe Phaahla, the country’s health minister, and Pfizer Laboratories. Milligan alleges that he was paralysed after receiving a Covid-19 vaccine.

A legal claim amounting to almost R31.5m has been filed for past hospital and medical expenses, past and future loss of earnings, and general damages.

‘Devastating’ is how the court documents filed with the Pretoria High Court in early September describe the effect that the vaccination Milligan received on July 20, 2021, at 16:00, has had. It states that in a matter of hours after the injection, he experienced symptoms such as tenderness at the entry point. By July 22, he was experiencing headaches that affected his vision, with the pain intensity being described as ‘disabling’.

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The following day, they became even worse, and the pain began to extend down into his neck. On July 24, Milligan collapsed at home and began having convulsions. He was rushed to Kiaat Private Hospital where a host of tests were carried out, including blood works, an MRI scan, an EEG and an EKG.

In the month that followed, he went to see two neurosurgeons in Pretoria and was admitted to Life Groenkloof Hospital and diagnosed with myelitis, which is inflammation of the spinal cord.

By August 17, he had paralysis of the lower body and on August 31, he was again admitted to hospital with thrombosis (blood clots) in the lungs, brain and legs, pulmonary embolism and cardiomegaly, and deep venous thrombosis in both the right and left popliteal veins.

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His official diagnosis, according to a medico-legal report by neurosurgeon Dr HJ Edeling, is disabling post-vaccine syndrome. Milligan has since been in and out of hospitals nine times, and now has paralysis of lower limbs, chronic pain, swelling of the lymph nodes, peripheral vascular disease, recurring kidney infections, unstable blood pressure, high blood sugar, insomnia and a mood disorder.

He also struggles daily with symptoms such as headaches, fatigue, chest pains, coughing, convulsions and pain in the lower back. The report states that the vaccination ‘marked a watershed and sustained decline in his health, well-being and functional status’.

“In addition to symptoms, functional impairments and loss of enjoyment of life, he is reported to have suffered major employment disability and losses of amenities,” said Edeling in the report.

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Milligan also stated in court documents that prior to the vaccination, he had not suffered any serious illnesses, chronic ailments, significant injuries or operations unrelated to the vaccination, and he has not been on any unrelated medication. He had also never been tested positive for Covid-19. Before the vaccine, he was a branch supervisor at Home of Living Brands, at Aerial King, a branch of Bidvest.

“I was a very loyal and dedicated worker and took the branch to amazing heights. I loved what I did and was proud of my branch,” said Milligan in the court papers.

He was the breadwinner for his wife and two children, aged 14 and 10. He was medically boarded in December 2021, and has not been able to work due to his ongoing medical complications, and had not worked since July 20, 2021. He said the effects of the vaccine changed his whole life and his family’s.

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The documents estimate that a further R2m will be needed for past and future expenses to alleviate his daily functioning. His past and future loss of earnings amount to R25m. The civil lawsuit also claims R2.4m in general damages.

It adds that he has experienced pain, suffering and discomfort and will continue to so in future. He has also sustained emotional shock and trauma and a loss of amenities of life.

The lawsuit states that it was the constitutional duty of Phaahla and part of the department’s business to protect, promote, improve and maintain the health of the population as envisaged in the Constitution.

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It said Milligan had the right to bodily and psychological integrity in terms of the Constitution, which included the right not to be subjected to medical or scientific experiments without informed consent.

It also stated that the vaccine was approved for use by the South African Health Products Regulatory Authority and was advertised and promoted by Phaahla, encouraging South Africans to take preventative measures against Covid-19.

However, it said the public was not informed or properly informed about the side effects of the vaccine, which include acquired epileptic aphasia (gradual or rapid loss of language or speech in a previously healthy child), heart attack, blood clots, diabetes mellitus, inflammation of the spinal cord and pulmonary renal syndrome (respiratory and kidney failure). The lawsuit is also based on the provisions of Section 61 of the Consumer Protection Act. Pfizer was the producer, supplier and distributor of the vaccine, which qualifies as ‘goods’ in terms of the act.

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“The vaccine was unsafe, defective and hazardous, and no adequate instructions or warnings were provided to the consumers pertaining to the hazard arising from or associated with the vaccine,” said the court documents.

The claim is also based on delict. It says both Phaahla and Pfizer had a legal duty to inform the general public of all relevant information, including the side effects of vaccine, with the view to enabling the general public to make an informed decision.

It states they were negligent in that they failed to warn the general public when they could and should have done so, and they failed to do proper research concerning the side effects.

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The claim is further based on common law. It states Milligan’s only available remedy is the Covid-19 Vaccine Injury No-fault Compensation Scheme (‘the Scheme’). Its purpose is to provide expeditious and easy access to compensation for persons who suffered from a Covid-19 vaccine injury caused by the administration of the vaccine.

The injuries in terms of the Scheme are limited to serious injuries resulting in permanent physical or mental impairment, temporary physical or mental impairment or death.

However, a person who submits a claim to the Scheme and is awarded compensation, abandons their right to institute any damages to claim in a court, and a claimant with a 90% permanent disability caused by a vaccine injury can claim a maximum amount of R262 500.

Due to the nature and extent of the damages suffered by Milligan, the Scheme was not the appropriate and effective financial aid for him, and so he turned instead to the courts, stated Milligan’s attorney, Riona Calitz.