A groundbreaking ruling recognizes the after-effects of the AstraZeneca vaccine as an occupational accident.

BarcelonaAmong the various complaints from those affected by the after-effects of the COVID vaccination, one has resulted in a groundbreaking ruling made public this Friday. A Barcelona court was the first to recognize the blood clots suffered by a high school teacher after receiving the AstraZeneca vaccine as an occupational accident. Side effects that, just a year ago, the same pharmaceutical company admitted within the framework of a judicial process before the English Supreme Court.

The ruling by the 31st Social Court of Barcelona, ​​​​which has consulted the ARA, sets a precedent for future judicial rulings that may be issued in response to similar claims. In this case, the judge upheld the claim filed by the teacher, Pedro García, who was 47 years old when he was vaccinated because he was part of one of the professional groups prioritized when administering the first available doses against the coronavirus from the AstraZeneca company. The teacher, advised by lawyer Francesc Feliu, claimed that he was vaccinated as a result of a company instruction, after those responsible for the center, in agreement with the management of the Department of Education, instructed him in an email to request a day and time to be vaccinated.

Although both the administration and the Asepeyo mutual insurance company argued that no obligation to be vaccinated was imposed and that the teacher did so voluntarily, the ruling takes into account that the worker received no information about the advantages and disadvantages of receiving the vaccine. The key to it being considered an occupational accident is that the vaccine was administered to him by the professional group to which he belongs, and not as an "individual citizen."

One month hospitalized and fourteen months off work.

Although his sick leave was considered a common consequence, during the fourteen months of temporary disability, García received his full salary thanks to his status as a civil servant. This Friday's ruling, therefore, will not result in his receiving financial compensation. However, as Feliu explained in statements to ARA, the fact that his illness has been recognized as an occupational accident protects him against the possibility that his health could worsen and he might need to be on sick leave, and even protects his family from compensation should he die as a result of these consequences.

The blood clots García suffered following the vaccination led to a sick leave that lasted from March 18, 2021, to July 14, 2022. The teacher had to be hospitalized for almost a month due to a pulmonary embolism, which he had been diagnosed with since the beginning.