Govt ‘making headway’ in setting up compensation fund for vaccine injury

The no-fault compensation fund will be the first of its kind in the country.

The scheme was established earlier this year to meet preconditions set out by vaccine manufacturers Johnson & Johnson, as well as Pfizer. 

The public had until April 19 to make comments and suggestions before the regulations were then tabled before Cabinet.

Cooperative Governance and Traditional Affairs then gazetted the fund in April. 

The Health Department says it is confident the fund will safeguard vaccinated citizens without the burden of lengthy litigation. 

“Any person suffering from a serious vaccine injury as a result of an adverse event following immunisation will be compensated by the government after a causality assessment has determined the causal link,” says the Department of Health’s Marione Schonfeld.

“The benefits of the fund is that the scheme will guarantee expeditious and easy access to compensation for persons who have suffered damages as a consequence of the use of the Covid-19 vaccines administered in South Africa. Claimants would not have to be burdened by establishing negligence or wrongfulness by either the Department of Health of the manufacturer,” Schonfeld explains. 

Schonfeld adds there will be stringent steps to be followed to prove the vaccine caused the adverse event. 

“Some of the challenges we have experienced putting together the scheme is a potential opening of floodgates with the scope of the scheme and the criteria of the eligibility of claims if they were not well defined. 

“The complete limitation of rights is impossible and therefore the claimants will still have the ability to go through a court process if they are dissatisfied with the outcome of the no-fault compensation scheme,” Schonfeld says.

Schonfeld adds there will be enough funds to cover the successful claims.

ALSO READ: