Chris Nemeth's weekly routine involves taking medication, checking dosages, and administering immunoglobulin injections. "A good day is when I can swing my feet out of bed," he said. "A bad day is one I've had before — when my feet don't move and I'm effectively paralyzed. A possible return to this condition is a reality of my vaccine injury."
Nemeth suffers from a rare autoimmune syndrome that attacks the lining of his nerves, a condition he developed after receiving the AstraZeneca vaccine in 2021. His case is classified as a vaccine injury. To manage his symptoms, he self-administers immunoglobulin injections weekly and takes daily medications.
"We are people who in good faith took a vaccination and had an adverse reaction to it. And we were told in the unlikely event that you did have an adverse reaction, you'd be supported," he explained. Nemeth is among nearly 5,000 individuals who sought compensation through the federal government's COVID-19 Vaccine Claims Scheme, which was established to assist those with rare adverse reactions.
Launched in December 2021, the scheme was described as a "simple and quick administrative process for compensation" by the health department. However, it closed a year ago, leaving many claims still unresolved. Applicants have described the process as "cruel" and "spiteful," citing its complexity and the emotional toll it has taken on them.
"It's like they were waiting for me to either go away because it was too hard, or pass away," Nemeth said. He noted that he considers himself "one of the lucky ones" who received a settlement, but he is still facing challenges, including a tax bill on a third of his compensation.
The claims process has been lengthy and arduous. "It took a year to pull all the information together with the support of a lawyer — more than 1,000 pages of medical reports, costs of medication, proof of employment, proof of salary, hospitalisation records, occupational therapist reports, specialist reports — and from the day we submitted it to the day I got an offer of compensation was 498 days," he said.
Tanya Neilson, a lawyer assisting over 150 clients with their claims, described the scheme as "highly complex and problematic." She emphasized that applicants face a significant evidentiary burden, needing to prove not only that they suffered an injury from the vaccine but that the injury is ongoing and requires support.
To receive compensation, applicants must pass through four rounds of scrutiny, including internal medical and legal reviews. Neilson pointed out that there is no external right of review, meaning applicants cannot appeal decisions in court.
Out of the 4,962 claims submitted by last September, only 522 have been approved, resulting in over $40 million in payouts. However, 2,482 claims have been denied, with 1,045 withdrawn and 722 still unresolved.
Services Australia acknowledged the complexity of the process. "COVID-19 Vaccine Claims Scheme applications are often complex to assess. Each claim requires careful consideration of the provided medical evidence by our staff, who are trained to assess the evidence against the scheme's eligibility rules," a spokesperson stated.
Neilson believes the delays are excessive. "For my clients, the wait is often two or three years before a decision is made. For people who are suffering harm, that's really, really problematic," she said.
Kathleen Kelly, a former florist in her mid-50s, has faced significant health challenges after receiving two doses of the Pfizer vaccine. She has undergone nine heart surgeries and multiple hospital stays. "You start to feel crazy. This scheme feels like it's never-ending. The questions just don't stop," she said.
Kelly, who was required to be vaccinated to continue her business, submitted her compensation claim in February 2023 but continues to be asked for more information. "I'm broke, I've lost everything," she said, expressing her frustration over the emotional and financial toll the process has taken on her life.
In a letter to Health Minister Mark Butler and Prime Minister Anthony Albanese, Neilson outlined several issues with the claims scheme. She received a response indicating that no changes to the policy would be considered since the scheme has closed.
"It's just terrible for those who have suffered harm and who are waiting and have no other right of obtaining compensation," Neilson said.
The closure of the claims scheme has also frustrated advocates like Rado Faletic, Naomi Smith, and Michelle Grace Hunder, who founded a charity for vaccine-injured Australians. They continue to receive inquiries from individuals who missed the application deadline. "Our emails and letters to the health minister and the prime minister have gone nowhere. We've got no response from either individual," Smith said.