A Calgary judge has ruled that a formal fatality inquiry will move forward to examine the death of an elderly local woman who passed away shortly after receiving a COVID-19 vaccine.
Judge Denies Application to Halt Inquiry
In a written decision released this week, Justice Indra Maharaj of the Calgary Court of Justice denied an application to stay the inquiry into the April 8, 2021, death of 77-year-old Margaret Ghazar. The application was brought by lawyers for a doctor granted standing in the case, who argued that multiple public health investigations had already addressed the matter, making the inquiry redundant. This position was supported by Alberta Justice.
Justice Maharaj acknowledged that extensive reviews were conducted by medical and public health bodies. She noted that following Ghazar's death, medical officer of health Dr. Alexander Doroshenko performed a causality assessment. His conclusion was that "the level of certainty of an association between Ms. Ghazar’s immunization and her death is indeterminate."
Transparency and Public Scrutiny at Issue
Despite these prior reviews, Justice Maharaj found that the existing processes lacked the necessary public transparency to qualify as "another forum" under Alberta's Fatality Inquiries Act, which would have precluded the need for a formal inquiry.
"I am satisfied that the public health regime... is independent, able to make recommendations, and assessed all pertinent information," Maharaj wrote. "However, I am not satisfied that it is sufficiently public and transparent as to satisfy the requirements."
The judge emphasized that while provincial and federal agencies work together to monitor and publish data on adverse events following immunization (AEFIs) to ensure vaccine safety, their internal processes do not allow for public visibility or participation in the examination of an individual case like Ghazar's.
Conflicting Findings from Previous Reviews
The court documents reveal that different bodies reached varying conclusions. The national Vaccine Injury Support Program (VISP), which provided financial support to Ghazar's family, found on a balance of probabilities that "the evidence in this case was consistent with a causal association to vaccination."
Margaret Ghazar received her COVID-19 vaccine on March 9, 2021. She died one month later, on April 8, 2021, from an acute form of pneumonia. Justice Maharaj was clear that the vaccine was not the direct cause of death, but the inquiry will seek to determine "to what extent, if any, did the COVID-19 vaccine administered to Ms. Ghazar contribute to her death."
The ruling ensures that the circumstances surrounding this high-profile case will be subject to an open, judicial process, aiming to provide answers to the family and the public while upholding the principles of transparency in matters of public health.
