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Delta Medical is one of the healthcare providers appointed by the government to run a COVID- 19 Vaccination Centre for Singapore's national vaccination programme under
Delta Medical is one of the healthcare providers appointed by the government to run a COVID- 19 Vaccination Centre for Singapore's national vaccination programme under the Ministry of Health to ensure the safety of vaccinations to the public. Jabber, a qualied and experienced nurse, is employed by Delta Medical to administer the vaccinations. Sam, 9. young and healthy man, went to the Vaccination Centre on the appointed day to have his rst vaccination. Jabber omitted to ask Sam if he had any history of brown allergies but instead relied on Sam's computer health records which inaccurately stated, \"no record of allergies". He was then informed of the risks, benets and side effects of the COVID~19 vaccination but agreed to receive the vaccination. Jabber proceeded to administer the rst dose of the vaccine as prescribed. Within minutes, Sam began to convulse violently before passing out. He was rushed to Singapore General Hospital and placed in ICU for 2 weeks to stabilize his condition. Because of ventilator shortages in public hospitals, he was later transferred to a private hospital to recuperate for a timber 3 months. Unable to pay the increased medical costs, Sam had to borrow money from the bank to meet these expenses. Although Sam survived the ordeal, he now suffers from permanent facial paralysis and is no longer able to work. An independent pathological report revealed that the had not taken the vaccine, Sam would not have suffered severe convulsions which led to his facial paralysis. The report also noted that Sam had been suffering from an extremely rare genetic condition, with only one known case in the world of a similar pathology, which made him uniquely susceptible to this problem. Delta Medical admitted negligence but argued that it did not owe Sam a duty of care but, even if they did, Sam's personal injury was not caused by its negligence and was in any case too far removed to be recoverable in law. [Assume that Delta Medical will be vicariously liable to Sam in respect of Jabber's negligence if Jabber is liable] (a) Does Delta Medical owe Sam a duty of care in the tort of negligence? (b) If Delta Medical owed Sam a duty ofcare and was negligent, what losses can Sam claim and does Delta Medical have any defence
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