Employer to compensate mandated worker for post-jab pericarditis in landmark Australian legal decision

The South Australian Employment Tribunal ruled that the Department of Child Protection (DCP) must compensate and cover medical expenses for a youth worker, Daniel Shepherd, who developed pericarditis after receiving a Covid booster shot mandated by his workplace.

The Tribunal decided on 15 January 2024 that Shepherd’s employment was a significant contributing factor to his injury, which has left him unable to perform his job, according to a report by independent journalist Rebekah Barnett.

Shepherd was vaccinated in February 2022 under a State Government Public Health Order (PHO) via the Emergency Management Act 2004 (EMA). Although the DCP acknowledged the vaccine caused Shepherd’s pericarditis, they denied responsibility, arguing the injury arose from the PHO, not employment. However, the Tribunal rejected this, stating that the injury resulted from both the vaccination mandate and his employment, entitling Shepherd to workers’ compensation.

Human rights lawyer Peter Fam, from Maat’s Method, said the decision was significant for holding employers accountable for injuries from enforced vaccination directives. Even with a PHO in place, the Tribunal found the employer responsible. Australian employers often deflect responsibility for such injuries, but workers’ compensation law holds the workplace liable if employment significantly contributes to the injury, said Fam.

Dr. Rado Faletic, Co-Founder/Director of COVERSE and a victim of vaccine injury himself, said the ruling sent a clear message to employers about their duty of care. He notes that individuals with vaccine injuries acknowledged by the Therapeutic Goods Administration (TGA), like pericarditis, have better chances of winning compensation. However, those with unacknowledged or unclear diagnoses will find it harder.

Faletic criticised the lack of support for vaccine-injured Australians, with many accepting inadequate compensation due to limited resources. The Services Australia compensation scheme has so far only approved 164 out of 3,160 claims made in its first 18 months. The delays have led to a class action led by Dr. Melissa McCann against the TGA for negligence in approving and monitoring Covid vaccines.