TV presenter Joan Bakewell has launched a legal challenge against the government’s decision to delay the second dose of coronavirus vaccine for up to three months.
Baroness Bakewell, 87, was among the first Britons to receive the Pfizer/BioNTech jab last month and was told she would get the second dose 21 days later.
She says that she and other elderly people have been left “in limbo” by the government’s subsequent decision - announced on 30 December - to tell them to wait longer for full protection in order to maximise the number of people who can get a first jab.
Her lawyers have written to health secretary Matt Hancock warning that they may seek judicial review on grounds of:
- Breach of the conditions of authorisation for use of the drug agreed between Pfizer and the Medicines and Healthcare products Regulatory Agency.
- Unlawful departure from the MHRA’s assessment that the effectiveness of the drug has so far been demonstrated in evidence only for 21 days, or at most 28 days.
- Breach of patients’ legitimate expectation that they would receive a second dose after 21 days, undermining their informed consent to accept the first dose.
Lawyers Leigh Day have given Mr Hancock until today to respond to the letter or face possible legal action.
They said: “Manufacturers BioNTech and Pfizer have warned against delaying the second dose and we are not aware of any evidence that the vaccine will protect against Covid-19 if the second dose is given later than it was tested in trials.”
Lady Bakewell said: “Older people are in limbo: they need to know whether delaying the Pfizer vaccine is both safe and legal. I am bringing this case because I believe the government needs to make this clear.”
Leigh Day solicitor Stephanie Hill added: “The Covid-19 pandemic has created exceptional challenges. Our client, like everybody, hopes that the vaccination programme will be rolled out as quickly as possible.
“It is crucial that any changes to the vaccination programme are made lawfully, in accordance with regulatory approval, and with the informed consent of patients.
“We urgently request for the Secretary of State to respond and provide a full account of the circumstances in which any changes to the programme were made.”
Lady Bakewell has launched a crowdfunding appeal for £5,000 to cover the costs of the case.
A Department of Health and Social Care spokesperson said: “Getting vaccines deployed as rapidly as possible to as many at risk older and clinically vulnerable people, as well as frontline health and social care workers, is our number one priority.
“The decision by the MHRA to change vaccine dosage intervals followed a thorough review of the data and was in line with the recommendations of the UK’s four Chief Medical Officers.
“The Government is closely following the guidance of the Joint Committee on Vaccination and Immunisation (JCVI) which recommended we prioritise first doses of vaccine for as many people as possible initially.”
