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R.Pumputienė presented the proposal to pay compensation to those who will be vaccinated against COVID-19 and will experience severe or rare side effects (if they will) at a meeting of the Seimas Health Affairs Committee on Wednesday.
Photo by Vidmantas Balkūnas / 15min / Rūta Pumputienė
“In many countries, the implementation of the principle of liability without fault, also known as ‘harm without fault’, in legal systems has been chosen as one of the means to accomplish the task of building trust.
This is the principle that patients can obtain compensation more quickly and easily without going to court if there has been a rare or serious side effect of a vaccine. So the person is not required to prove that the other party is guilty, ”said R. Pumputienė.
Also read: Warning: you will be vaccinated against the coronavirus, you will not be able to taste alcohol for two months
Requirements for the quality of vaccines have not disappeared
He stated that this model is already valid in Lithuania in terms of health services, so it is not new.
“Knowing that this system is already in place in Lithuania in terms of health services, we believe it is worth considering expanding it to include COVID-19 vaccination cases, at least during the pandemic period,” suggested R. Pumputienė.
This template does not in any way imply a waiver of any requirements for the vaccine manufacturer or the quality or safety of the vaccine.
True, he noted that this proposal has nothing to do with the quality and safety of COVID-19 vaccines.
“This model does not imply in any way the waiver of any requirement for the manufacturer of the vaccine or for the quality or safety of the vaccine. For the manufacturers of vaccines, all the safety of production, quality and other applicable requirements and obligations and responsibilities arising from them remain <...>.
The point here is not about the role of the producers, and much less about the reduction or exemption of their responsibility, but about facilitating the compensation rights of the patients ”, explained the lawyer.
VIDEO: Vaccination is a lifesaver for diseases at sea
Seimas curator Jurgita Sejonienė reacted positively to the proposal and, at the same time, raised the question: who will pay for the harm suffered by the vaccinated person?
“I strongly agree that the ‘harm no fault’ model should also apply to vaccination. In the case of services, if damage occurs, it is reimbursed through a fund to which the institution itself pays a fixed amount out of its own income. Who do you think should contribute to the “no fault” compensation fund in case of vaccination? “, I ask.
It considers that the producers should be compensated for the damage
Remigijus Žemaitaitis, a member of the mixed group of members of the Seimas, stated that the compensations should not be paid by the taxpayers, that is, the state.
Photo by Julius Kalinskas / 15min / Remigijus Žemaitaitis
Berods said in September, when the issue was raised at the European Commission, that vaccines should have insurance, be it bank insurance or insurance, so that the state does not need any mediation.
“If you discover that the BioNTech and Pfizer vaccine had side effects for Remigijus Žemaitaitis, the manufacturer automatically pays the state in a certain fund as a reserve for possible damages,” he said.
R. Pumputienė urged not to invent the bicycle and to rely on the experience of foreign countries in this matter.
“It just came to our attention then. You need to look at other countries that do that. <...>. Some countries have funds where the state pays, others have funds where there are separate funding models. Here’s how other countries are doing. I just read that the European Commission has a separate budget for this pandemic period.
If the state invites the public to get vaccinated, then the state should think of technical ways to fix it, ”he said.
VIDEO: The UK became the first country in the world to allow COVID-19; vaccination will start next week
Waiting for amendments from the ministry
R.Žemaitaitis, hearing such a response, did not reward.
“We are trying to avoid our responsibilities and we are talking about a European Union fund that would allocate money. We are talking again, and the same are saying the Latvians and Germans, yesterday the Poles started talking about that, that there must be an agreement tripartite with vaccine manufacturers to compensate for direct damage, “he said.
The politician demanded that the Ministry of Health (SAM) take the initiative and draft the necessary bills.
The Health Ministry is due to prepare a bill on Wednesday.
“The Ministry of Health has until Wednesday to prepare a bill so that, if not they, we, on behalf of the Health Commission, can register a reform to the law that will be compensated in case of direct damage.
Or there must be a fund, money must be contributed to that fund. And we will agree if the state compensates 30 percent, they – 70 percent, “suggested R. Žemaitaitis.
He also added that the question of compensation for the strong side effects of vaccination would be raised by the “far right”.
“Those ultra-rightists, as I call them, are where Lithuania is here ruras died in the Baltic Sea, they will raise the question. And here is a purely natural legal question “, – assured R.Žemaitaitis.
A SAM representative did not comment
Audrius Ščeponavičius, Director of the SAM Department of Public Health, also participated in the Seimas Health Affairs Committee meeting, but did not comment on issues related to compensation.
“Due to the application of the principle of ‘harm without fault’ to vaccination rather than services, I could not answer that question now. I noticed. <...>“We will definitely discuss this issue,” he promised.
Erik Ovcharenko / 15min photo / Audrius Ščeponavičius
A.Ščeponavičius stated that the first vaccines against COVID-19 will arrive in Lithuania in early January and will be vaccines from BioNTech and Pfizer.
Read about how they will get to Lithuania and who will get vaccinated first.
A poll conducted by Vilmorus in October on behalf of the BNS shows that 42.9 percent would agree to get vaccinated against COVID-19. of the country’s population, 42.5 percent. said they would not be vaccinated, another 14.7 percent. he had no opinion.
For vaccination to ensure herd immunity and help prevent an outbreak of COVID-19 infection, 70% of COVID-19 needs to be vaccinated in Lithuania. populations. This figure was previously reported by SAM based on the recommendations of international organizations.
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