The Distinctive Nature of COVID-19 Vaccines: Compensation for Potential Damages under the Legal Framework of Lithuanian State in the Context of Global Examples Cover Image

The Distinctive Nature of COVID-19 Vaccines: Compensation for Potential Damages under the Legal Framework of Lithuanian State in the Context of Global Examples
The Distinctive Nature of COVID-19 Vaccines: Compensation for Potential Damages under the Legal Framework of Lithuanian State in the Context of Global Examples

Author(s): Andra Mažrimaite, Vilius Lapis
Subject(s): Constitutional Law, Civil Law, Health and medicine and law, Sociology of Law
Published by: Univerzita Komenského v Bratislave
Keywords: COVID-19 pandemic; Vaccines; Constitution; Vaccination; Side effects; Damage compensation, No-fault model; Lithuania; Civil Law;

Summary/Abstract: The article analyses legal mechanisms of compensation for damages caused by side effects of COVID-19 vaccines in Lithuania. In particular, draft amendments to the Law on the Rights of Patients and Compensation of the Damage to their Health registered by the Parliament of the Republic of Lithuania in 2021 are evaluated and arguments for the need for further improvement are provided herein. In order to comprehensively assess the nature of the side effects that may be a substantiated cause for damages, pharmaceutical analysis and evaluation of COVID-19 vaccines eligible in Lithuania are analysed. Analysis of the legal framework and proposals are construed mainly in light of the assessment of global examples. Following thorough evaluation of the question at hand, it is the opinion of the authors that the product liability mechanism is not appropriate in the context of the vaccination program applied in Lithuania and "a no-fault compensation model" shall be adopted instead, which would be funded by a separate (non) State institute/fund in Lithuania.

  • Issue Year: 6/2022
  • Issue No: 1
  • Page Range: 87-105
  • Page Count: 19
  • Language: English