Fluvax case prompts call for no-fault scheme

THE case of a West Australian baby with brain damage arising from a Fluvax shot last year underlines the need for a no-fault compensation scheme, the Public Health Association of Australia (PHAA) says.

The family of the injured child, Saba Button, reportedly plans to seek compensation from the WA Government, but the PHAA said they should be spared this process.

“To go through the adversarial court system to show that there is someone to blame, and you might not show there is someone to blame, at a time of extraordinary stress… I just don’t think it’s right,” said Associate Professor Heath Kelly, from the University of Melbourne’s school of population health, who spoke on behalf of the PHAA. 

“I agree that the family should be compensated but it should be… part of a broader no-fault compensation scheme.”

Medical litigation specialists Julian Johnson Lawyers last week confirmed