Biz Health 1 Feb 2022
"No vaccine, including the Covid-19 vaccine, is 100% safe, although most reported side effects are minor, such as swelling at the injection site, soreness, lethargy or a slight fever. However, when serious side effects and even death occur, who is liable? Here's what medical professionals need to know.
South Africa lags behind most developed nations when it comes to our Covid-19 vaccine uptake.
Less than 30% of South Africans have received the jab, far behind the likes of Botswana (46%), India (50%), the US (64%) and Brazil (70%). Even though the government has enough supply to vaccinate the entire adult population, there is widespread vaccine hesitancy and a perception that the vaccine trials were rushed and a fear of possible side effects.
New scheme established in SA
In an effort to allay these fears, the Minister of Co-operative Governance, Nkosazana Dlamini-Zuma established a Covid-19 vaccination injury No-Fault Compensation Scheme in April last year. The purpose of the fund, which falls under the Department of Health, is to provide compensation to those who have suffered harm, loss or damages as a result of the Covid-19 vaccine.
This means that neither the nurse, doctor, hospital or clinic who administered the vaccine would be liable in the case of serious injury, nor would the pharmaceutical company who manufactured the vaccine, such as Pfizer or Johnson & Johnson, be on the hook. Rather, the government has provided a shield to the medical and pharmaceutical community by setting up this scheme.
According to Indwe Risk Services, claimants can lodge a claim in their personal capacity. If the vaccine results in death, the dependent of the deceased, such as their wife, husband or child, may also lodge a claim. In order to qualify, a claimant needs to prove that they have suffered loss, harm or damage as a result of the Covid-19 vaccine; or that their deceased family member has done so.
The team at Indwe Risk Services also advises that medical practitioners check in with their financial advisors or brokers, for any specific changes to their indemnity cover that may have come about as a result of the impact of the pandemic."
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