Vaccine injury claims in South Africa

 

In South Africa, there is a specific system in place for claiming compensation for injuries allegedly caused by approved COVID-19 vaccines. Here’s a breakdown of the relevant details:

 

 

COVID-19 Vaccine Injury No-Fault Compensation Scheme:

 

• 📌 Established by the Disaster Management Act Regulations in 2022, this scheme provides a streamlined process for claiming compensation for serious injuries or death resulting from receiving an approved COVID-19 vaccine.

 

• 📌 No-Fault System: Regardless of whether negligence can be proven, those who suffer qualifying injuries can claim compensation.

 

 

Who is Eligible to Claim?

 

• ✅ Anyone who suffered a serious injury as a result of receiving an approved COVID-19 vaccine can submit a claim. This includes dependants of a deceased person who died from a vaccine-related injury.

 

• ✅ Serious Injury: The definition of “serious injury” is outlined in the scheme’s regulations. It typically involves long-term or permanent impairments.

 

 

What is Not Covered?

 

• 📌 Common side effects like fatigue, fever, headache, muscle pain, chills, and diarrhea are not considered serious injuries under the scheme.

 

 

Claim Process:

 

1. ✅ Report the Injury: Any untoward medical occurrence (Aefi) experienced after vaccination needs to be reported to the National Immunisation Safety Expert Committee (NISEC) within 30 days.
2. ✅ Causality Assessment: NISEC will assess the reported Aefi to determine if there’s a causal link between the vaccine and the injury.
3. ✅ Claim Submission: If NISEC finds a causal link, the claimant will be informed and can submit a formal claim to the scheme administrator.
4. ✅ Compensation Determination: The scheme administrator will assess the claim and determine the compensation amount based on the type and severity of the injury.

 

 

Important Resources:

 

• 📌 National Department of Health – Vaccine Injury No-Fault Compensation Scheme: https://www.legalwise.co.za/help-yourself/legal-articles/what-you-need-know-about-covid-19-vaccine-injury-compensation-scheme

 

• 📌 LegalWise – What you need to know about the COVID-19 Vaccine Injury Compensation Scheme: https://www.law.ox.ac.uk/nofault-compensation-schemes-for-covid-19-vaccines/south-africa-covid-vaccine-nfcs

 

 

General Vaccine Injury Claims (Non-COVID-19):

 

South Africa doesn’t have a separate compensation scheme for vaccine injuries caused by non-COVID-19 vaccines. However, individuals might still be able to pursue compensation through:

 

• ✅ Medical Negligence Lawsuit: If a healthcare provider can be proven to have been negligent in administering the vaccine, a lawsuit might be possible. However, this route is complex and requires evidence of negligence.

 

• ✅ Product Liability Law: In rare cases, if a defect in the vaccine itself can be established as the cause of the injury, a product liability claim against the vaccine manufacturer might be considered. This is also a complex legal route.

 

 

📌📌📌 Disclaimer: This information is for general knowledge only and does not constitute legal advice. If you believe you have suffered a vaccine injury, it’s highly recommended to consult with a lawyer specializing in medical law to understand your options and eligibility for compensation.