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Starting 2020, the state will apparently compensate patients for the health damage caused by vaccination

14/01/2020

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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