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No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View

Authors :
Paola Frati
Nicola Di Fazio
Raffaele La Russa
Paola Santoro
Giuseppe Delogu
Vittorio Fineschi
Source :
Vaccines, Vol 10, Iss 5, p 635 (2022)
Publication Year :
2022
Publisher :
MDPI AG, 2022.

Abstract

Italy, like other European countries, has produced a series of regulations during the COVID-19 pandemic. Compulsory vaccination has been introduced for the Italian population. Meanwhile, the Decree-Law 27 January 2022 n. 4 provided for the compensation mechanism for those who have received damage of the psycho-physical integrity due to the anti-SARS-CoV-2 vaccination recommended by the Italian Health Authority. Law 1992 no. 210 already provided for the indemnity system for persons damaged by irreversible complications due to compulsory vaccinations, transfusions, and the administration of blood products. The legislator intended to attribute the right to an indemnity that is not compensatory in order to repair a wrong connected to some hypothesis of liability, but it rather has a welfare character in the broad sense, being attributable to Constitutional fundamentals. In the Italian panorama, although the vaccination damages have been fully included in the already existing law no. 210/1992, to date, no precise indications have been provided regarding the ascertainment of the causal link and the extent of the compensable damage. In the near future, the interest of the scientific community will focus on the evaluation of applications for access to the benefit.

Details

Language :
English
ISSN :
2076393X
Volume :
10
Issue :
5
Database :
Directory of Open Access Journals
Journal :
Vaccines
Publication Type :
Academic Journal
Accession number :
edsdoj.18b7e66cee10453a82e55ad3b0be0b52
Document Type :
article
Full Text :
https://doi.org/10.3390/vaccines10050635