Lawsuit against the Canadian government over teen’s sudden death following Pfizer COVID-19 vaccination dismissed by Ontario judge

An Ontario judge has dismissed a lawsuit filed by Dan Hartman against the Attorney General of Canada, Health Canada, and former Canadian Health Minister Patty Hajdu for misfeasance in public office, deceit, fraud, and negligence over the sudden 2021 death of his 17-year-old son, Sean Hartman, who was found dead on the floor beside his bed just over a month after receiving a Pfizer-BioNTech COVID-19 vaccine.

In a ruling from the Ontario Superior Court, Justice S. Antoniani struck down the case without leave to amend, finding that it had no reasonable prospect of success. The court determined that the government did not owe a private duty of care to Sean Hartman and that public health decisions, including vaccine approval and promotion, were core policy matters shielded from liability.

Sean Hartman was a healthy, active teenager from Beeton, Ontario, with a deep passion for hockey. When the Ontario Minor Hockey Association imposed a vaccine mandate for the 2021 season, Sean complied, receiving his first and only dose of the Pfizer-BioNTech COVID-19 vaccine on August 25, 2021.

According to his father, Sean developed troubling symptoms within days of receiving the vaccine, including “brown circles around his eyes, a rash, vomiting, and an extremely sore shoulder, opposite to his injection shoulder.” He was taken to the emergency department but was reportedly sent home with pain medication.

Thirty-three days later, on September 27, 2021, Sean was found dead beside his bed. A government autopsy determined his cause of death was “unascertained,” meaning no definitive explanation was found. Seeking further answers, Dan Hartman consulted U.S. pathologist Dr. Ryan Cole, who concluded that Sean’s death was caused by spike proteins from the vaccine accumulating in his adrenal glands.

Dan Hartman initially filed a claim with the Canadian government’s Vaccine Injury Support Program (VISP), but it was denied within a month due to what the government called insufficient evidence. He has since appealed, providing Dr. Cole’s pathology report, but has yet to receive a response.

In his lawsuit against the government, Hartman alleged that Health Canada and the Minister of Health made false and misleading representations about the vaccine’s safety and efficacy, failed to assess and monitor risks in accordance with their own mandate, and did not properly warn the public about potential adverse effects, including death. The claim argued that these actions created a relationship of proximity between the government and vaccine recipients, giving rise to a duty of care.

Hartman further claimed that the government was negligent in failing to disclose an increased risk of myocarditis in individuals under 40, particularly in adolescent males, and that it failed to conduct adequate post-market surveillance to inform the public of potential risks. The lawsuit also alleged misfeasance in public office, arguing that Health Canada and the Minister were either recklessly indifferent or willfully blind in their oversight of the vaccine approval process and knowingly made representations that misled the public.

The defendants argued that their statements about the vaccine were made to the general public as part of a broad public health campaign and did not create a specific legal duty to individual recipients. They also contended that vaccine authorization and public messaging were core policy decisions made in the interest of public health, which courts have previously ruled are immune from liability.

Justice Antoniani’s decision follows legal precedents shielding governments from liability over public health decisions. The judge cited past cases in which courts ruled that vaccine approval and public messaging serve the general population rather than creating legal duties to individuals.

“The representations made by the Defendants here were the expressions of core policy decisions, made in an effort to protect the general Canadian public during a pandemic,” the judge ruled.

While the lawsuit against the government has been dismissed, Hartman’s case against Pfizer, the manufacturer of the COVID-19 vaccine, is still making its way through the court system. That case may take a different legal path, raising broader questions about corporate responsibility and vaccine safety.

Hartman has been outspoken on social media about his son’s death and has been working to raise funds for his legal defense.

Supporters can help by purchasing Justice 4 Sean t-shirts and hoodies or donating directly at the links provided below.

https://www.bonfire.com/store/justice4sean/

https://www.givesendgo.com/GAWYX

You can watch our interview with Sean’s dad, Dan Hartman, and hear his story below.