Ослобођење од грађанскоправне одговорности произвођача вакцина против COVID 19 за штетне последице изазване вакцинацијом
Exemption from Civil Liability of the Manufacturer of the Vaccine Against COVID-19 for Harmful Consequences Caused by the Vaccination

Author(s): Bogdana Stjepanović
Subject(s): Law, Constitution, Jurisprudence, Health and medicine and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: COVID 19;Vaccination; Civil liability; Pharmaceutical companies; Compensation programs for adverse effects of vaccination;
Summary/Abstract: Until the advent of the vaccines against COVID-19, new vaccines had to go through extensive, multi-year safety testing before being approved and used. Considering that the vaccines against COVID-19 are based on new technologies (mRNA and DNA vaccines), it was expected that the testing process itself would take longer compared to vaccines based on decades of existing technologies. The dramatically accelerated process of manufacturing vaccines against COVID-19 (only few months) has created the prospect that existing vaccines are either ineffective against the virus itself or carry serious health risks, which is reflected in the numerous side effects that followed the vaccination and which continue to occur. With the appearance of side effects came the question of responsibility for them. Different legal systems regulate the issue of liability for adverse effects caused by vaccination differently. There is a noticeable trend in the world to release vaccine manufacturers from civil liability and to establish no- fault liability system, with the implementation of special compensation programs for adverse consequences caused by vaccination. In the paper we investigate the validity of exemption from civil liability of vaccine manufacturers and the applicability of existing compensation programs for injures caused by vaccines against COVID-19.

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