Australians should be compensated in occasional case of vaccine injury

Australians should be compensated in occasional case of vaccine injury

Vaccination is one of the most effective ways to protect individuals and the public from disease. Vaccines are typically given to hearty people to prevent disease, so the bar for safety is set high.

People benefit from vaccinations at an individual level because they are protected against disease. However, for some vaccines, mighty community uptake leads to “herd immunityThis means that people who cannot be vaccinated can be protected by the “herd.”

As with any prescribed medication, vaccines can cause side effects. In the occasional case where COVID-19 vaccines actually caused certain solemn injuries (the program listed certain conditions for which a person could claim), Australians could seek compensation. But that It’s ending at the end of this month.

From now on, Australians will not be able to claim compensation regardless of fault for any injury caused by a vaccine – COVID-19 or any other type of vaccine.

Why pay compensation for vaccine damage?

Fortunately, solemn vaccine injuries are occasional. Most are not the result of a flaw in the vaccine’s design, production, or delivery, but are the product of tiny but inherent risks.

As a result, people who suffer solemn vaccine injuries cannot obtain compensation through legal mechanisms. This is because they cannot show that their injuries were caused by negligence.

Vaccine injury compensation programs provide compensation to individuals who are seriously injured after receiving properly manufactured vaccines.

COVID Vaccine Application Program

In 2021, in recognition of the occasional risk of solemn injury following vaccination and to support the rollout of the COVID vaccination program, the Australian Government introduced COVID Vaccine Application Program.

The aim was to provide a basic, streamlined process for compensation for people who have suffered moderate or severe vaccine injuries, without the need for sophisticated legal proceedings. It was restricted to TGA-approved COVID vaccines and specific reactions.

The Australian government has he said the program will be closed this month and claims must be submitted before September 30, 2024

Following the closure of the program, there will no longer be a vaccine injury compensation program in Australia.

Australia is lagging behind on the international stage

Australia lags behind 25 other countries, including the United States, the United Kingdom and Up-to-date Zealand, which have comprehensive vaccine injury compensation programs regardless of fault. cover both COVID and non-COVID vaccines.

These schemes are based on the ethical principle of “reciprocal justice”. It holds that individuals who act not only for themselves but also for the community (for the good of the “herd”) should be compensated by that same community if their actions have led to harm.

Vaccine injury compensation programs operate in the United States, the United Kingdom and Up-to-date Zealand.
Monkey Business Images/Shutterstock

So what’s happening in Australia now?

In Australia, people with non-COVID or COVID vaccine injuries who are not covered by the current claims system must pay for their own injury or access publicly funded healthcare. They will not receive any compensation for their injury and suffering.

The Australian National Disability Insurance Scheme (NDIS) provides financial support to access treatment for people with lasting and significant disabilities. However does not include momentary vaccination-related injuries.

Participants with post-vaccination injuries as a result of participating in a vaccine clinical trial are compensatedThis typically includes income compensation, personal assistance expenses and reimbursement of expenses incurred in connection with the incident, including medical expenses.

In Australia we also have a mighty requirement for people to receive routine vaccinations through statutory requirements such as No Jab No Pay (which requires children to be fully vaccinated in order to receive government benefits) and, in some states, No Jab No Play (which requires children to be fully vaccinated in order to attend day care).

Countries like ours, where vaccinations are mandatory but there are no compensation programs for occasional vaccine injuries May be breaking the social contract through lack of protection for the individual and the community.

Time to create an Australian system

Australia’s vaccination system is one of the most comprehensive in the world. Our government-funded national vaccination program provides free vaccinations for infants, children and adults against at least 15 diseases.

We also have a lifelong vaccination registry and a comprehensive vaccination safety surveillance system.

A nurse prepares a vial of vaccine
Australia’s vaccination program provides vaccines against at least 15 different diseases.
Sergei Kolesnikov/Shutterstock

The recent Senate session committee recommended:

The Australian Government is considering the design and principles for compensation under a no-fault compensation scheme for Commonwealth-funded vaccines in response to a future pandemic event.

Vaccines are designed to be very protected and effective. However, the ‘insurance policy’ of an injury compensation scheme, if designed and communicated properly, should build trust and confidence in healthcare workers and the general public to support our national vaccination programme. This is particularly vital given reductions regarding the employ of routine vaccines.

How is this supposed to work?

A compensation program for vaccine injuries regardless of fault could be financed through a vaccine levy system, similar to made in the USAwhere excise duty is imposed on each dose of vaccine.

An effective compensation program for vaccine injuries must be:

  • availablewith low legal and financial barriers
  • limpidwith clear decision-making processes, compensation frameworks and financial responsibilities
  • currentwith low, clear time frames for decision-making
  • fairand people receive appropriate compensation for the harm they suffer.

Legislation to introduce and allocate funding to support Australia’s Injury Compensation Program for all vaccines is long overdue. Draft National Vaccination Strategy 2025–2030 suggested the possibility of exploring the feasibility of introducing a no-fault compensation scheme for all Australian Government-funded vaccines, without committing to such a scheme.

Australia’s vaccine protection program, covering all vaccines in the national immunisation programme, not just pandemic vaccines, should be seen as a key part of our public health system and a social responsibility commitment to all Australians.

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