We may have a vaccine against Covid. That means a decision for the government (@theresecoffey at @DWP) on whether to extend the scheme under the Vaccine Damages Act 1979 legislation.gov.uk/ukpga/1979/17/… to vaccinations against Covid.
A brief description of the scheme here. gov.uk/vaccine-damage…
You’ll see that it entitles anyone suffering severe disablement (60% disabled) caused by a vaccine against listed diseases to a payment of £120,000 from the state. Unlike a product liability claim, it’s irrelevant what the manufacturer knew or should have known about its effects.
The scheme is described in this Court of Appeal case, which also explores (and explains the problems with) the concept of 60% disablement. bailii.org/ew/cases/EWCA/…. (I acted for the successful claimant.) See from [21] on.
As [32] explains, 60% disablement is less disabled than you might think: Oscar Pretorius is 100% disabled under this scheme.
Decisions for the government. Do they extend the scheme to Covid vaccines? Do they amend the £120,000 payment?
These decisions really need to be taken before the vaccine starts being rolled out.
Questions here for @jreynoldsMP and his team to ask.
NB - it’s the Vaccine Damage Payments Act 1979: Twitter drafting.
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