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Compensation for damages from the vaccine?
In gentle words, do not build on it
The Vaccine Insurance Victims Act has been in place for more than 30 years, but the number of claims was limited and in the rare cases where compensation was discontinued it was very low.
The state has opened a fund for victims of the corona vaccine?
Let's say it's just better not to have complications, because right now it's no more than hundreds empty
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Vaccine
Adv. Nati Ron
Thursday, 28 January 2021, 00:20
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In 1989, the Knesset of Israel enacted the Vaccine Victims Insurance Law, which stipulated that a fund for the compensation of vaccine victims would be established.
The fund was indeed established, even tens of millions of unused shekels accumulated in its coffers, but to date, more than 30 years later, only a few dozen lawsuits have been filed, and the number of victims compensated is even lower, a few dozen at most.
The amounts awarded to the plaintiffs are also very low.
The maximum amount received from the fund to date is several hundred thousand shekels - a lump sum decided in 2019 regarding a child who suffered from a rare and severe autoimmune disease called "severe chronic thrombocytopenia" following the triple vaccine.
This vaccine is given routinely and the child received it in 2011. The compensation was stopped for the child after it was decided that there was a clear circumstantial connection between the vaccine and the injury which means 100% disability for the rest of his life.
Needless to say, this is a ridiculous amount, compared to the real harm done to that child and his parents as a result of the vaccine.
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This reality should be in front of our eyes when we come to examine the real impact of the decision of the Knesset Labor and Welfare Committee, to allow even those who will be harmed by the Corona vaccines to receive compensation from the Fund for the Compensation of Vaccine Victims.
Corona vaccines have been rapidly developed and are still in the category of emergency vaccines, which means that even after the FDA (US Food and Drug Administration) approval, the vaccine will be closely monitored for another two years, in order to examine short-term and long-term side effects.
The RNA (messenger) technology used by Pfizer and Moderna is also new in mass use of vaccines (although it has been used in recent years in the development of vaccines for cancers and other diseases).
It is clear that the harms of the disease outweigh the fears of the vaccine, but we must not take them lightly.
That is why it is so important to make the fund almost empty for hundreds to become a tool in which to create security among the public, that if God forbid something goes wrong, the state will provide them with the best solution.
Adv. Nati Ron
Those affected by vaccines, those people who suffer from long-term or permanent disability and the families of the deceased, currently have two options for exercising their rights: they can apply for damages and file a tort claim, but in this case, not only will they have to prove the causal link between To the death of a relative, but they will also have to prove the existence of medical malpractice.
The second route is a claim for compensation from the fund, in which there is no need to prove negligence, but only a causal connection between the vaccine and the injury.
Ostensibly, the path of compensation through the fund is easier, but even the burden of proving the causal connection is not easy, and therefore the minority of claims over the years.
Whenever a claim is submitted to the fund, the Minister of Health appoints a committee of experts who must examine the application and check whether there is the same causal connection between the vaccine and the injury.
It is no coincidence that in most cases the claims are dismissed, the result of an objective difficulty in proving the connection, but it is also impossible to ignore the fact that people appointed by the Ministry of Health are required to make significant decisions for the ministry itself.
In this context, keep in mind that one claim approval can be followed by a flood of claims, and here is another reason to underestimate the approvals.
With regard to corona vaccines, the public is asking for security.
The state pressures citizens to get vaccinated, seduces them with a "green passport", and returns to a routine that most of us long for, but at the same time must also calm fears and give assurances.
The decision to allow compensation from the vaccine fund for those who will be harmed by the corona vaccine is a step in the right direction, but there is still room on the one hand to increase the compensation amounts to those who reflect the real damage and at the same time alleviate the causal burden. If anything happens, she's there for us.
Adv. Nati Ron is a partner in the Ron-Festinger law firm that deals with tort law, medical malpractice and insurance.
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