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Starting 2020, the state will apparently compensate patients for the health damage caused by vaccination
The Chamber of Deputies has passed a bill that will now allow an injured party to get compensation for any health damage caused by compulsory vaccination. The vaccinated person, and in the event of death or particularly serious injury to the vaccinated person, their family, will be also entitled to compensation.
The aim of the draft act is to remedy the present legal position that lacks the legal title on the basis of which a vaccinated person could claim compensation for the damage they suffered as a result of the vaccination.
Until 2014, it was possible to claim compensation for health damage caused by a vaccination from the health service provider who administered the vaccine, even if the provider had exercised the appropriate professional standards of care and diligence and did not cause the injury. Since 2014, the liability of health service providers has been limited only to cases where the health damage is caused by application of defective vaccination. In a situation where it is not proven that the vaccine has been defective or that the provider has proceeded without appropriate professional standards, there is no entity obliged to compensate for any related injury to the vaccinated person.
After the adoption of this new law, it will be possible to claim damages directly from the state, because it is the state that imposes the obligation to undergo mandatory vaccination. Compensation will be claimed from the Ministry of Health.
The adoption of the Compensation Injury Act caused by mandatory vaccination will also satisfy the requirement set out in the Convention on Human Rights and Biomedicine, to give a vaccine recipient the fair compensation for disproportionate health damage caused by the procedure prescribed by law.
The bill now goes to the Senate, and is expected to be passed this spring.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."