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Compensation For Harm Caused In Connection With SARS-CoV-2 Vaccination

Publication at Faculty of Law |
2021

Abstract

In my contribution, I discuss the definition of "grievous bodily harm" in the context of Act No. 569/2020 Sb., "Act on distribution of medicinal substances containing COVID-19 vaccine, on compensation of harm caused to vaccine recipients by the medicinal substances and on amendment of Act 48/1997 Sb., on public health insurance and amendment and modification of certain associated laws". In its section 2, the Act stipulates that the Government will compensate harm caused by SARS-CoV-2 vaccination only in case the vaccine causes a grievous bodily harm, however, fails to define the term.

I would therefore like to draw some reasonable lines between a bodily injury and grievous bodily harm within the context of SARS-CoV-2 vaccination, and address the issue of who will be entitled to claim compensation for such harm, how he or she will be able to claim the compensation and when, and how such person may be expected to establish a causal nexus between the grievous bodily harm and his or her vaccination.