No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View
Italy, like other European countries, has produced a series of regulations during the COVID-19 pandemic. Compulsory vaccination has been introduced for the Italian population. Meanwhile, the Decree-Law 27 January 2022 n. 4 provided for the compensation mechanism for those who have received damage of...
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| Format: | Article |
| Language: | English |
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MDPI AG
2022-04-01
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| Series: | Vaccines |
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| Online Access: | https://www.mdpi.com/2076-393X/10/5/635 |
| _version_ | 1797494837938749440 |
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| author | Paola Frati Nicola Di Fazio Raffaele La Russa Paola Santoro Giuseppe Delogu Vittorio Fineschi |
| author_facet | Paola Frati Nicola Di Fazio Raffaele La Russa Paola Santoro Giuseppe Delogu Vittorio Fineschi |
| author_sort | Paola Frati |
| collection | DOAJ |
| description | Italy, like other European countries, has produced a series of regulations during the COVID-19 pandemic. Compulsory vaccination has been introduced for the Italian population. Meanwhile, the Decree-Law 27 January 2022 n. 4 provided for the compensation mechanism for those who have received damage of the psycho-physical integrity due to the anti-SARS-CoV-2 vaccination recommended by the Italian Health Authority. Law 1992 no. 210 already provided for the indemnity system for persons damaged by irreversible complications due to compulsory vaccinations, transfusions, and the administration of blood products. The legislator intended to attribute the right to an indemnity that is not compensatory in order to repair a wrong connected to some hypothesis of liability, but it rather has a welfare character in the broad sense, being attributable to Constitutional fundamentals. In the Italian panorama, although the vaccination damages have been fully included in the already existing law no. 210/1992, to date, no precise indications have been provided regarding the ascertainment of the causal link and the extent of the compensable damage. In the near future, the interest of the scientific community will focus on the evaluation of applications for access to the benefit. |
| first_indexed | 2024-03-10T01:40:03Z |
| format | Article |
| id | doaj.art-18b7e66cee10453a82e55ad3b0be0b52 |
| institution | Directory Open Access Journal |
| issn | 2076-393X |
| language | English |
| last_indexed | 2024-03-10T01:40:03Z |
| publishDate | 2022-04-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Vaccines |
| spelling | doaj.art-18b7e66cee10453a82e55ad3b0be0b522023-11-23T13:24:39ZengMDPI AGVaccines2076-393X2022-04-0110563510.3390/vaccines10050635No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad ViewPaola Frati0Nicola Di Fazio1Raffaele La Russa2Paola Santoro3Giuseppe Delogu4Vittorio Fineschi5Department of Anatomical, Histological, Forensic and Orthopedic Sciences, Sapienza University of Rome, 00128 Rome, ItalyDepartment of Anatomical, Histological, Forensic and Orthopedic Sciences, Sapienza University of Rome, 00128 Rome, ItalyDepartment of Clinical and Experimental Medicine, University of Foggia, 71122 Foggia, ItalyDepartment of Anatomical, Histological, Forensic and Orthopedic Sciences, Sapienza University of Rome, 00128 Rome, ItalyDepartment of Anatomical, Histological, Forensic and Orthopedic Sciences, Sapienza University of Rome, 00128 Rome, ItalyDepartment of Anatomical, Histological, Forensic and Orthopedic Sciences, Sapienza University of Rome, 00128 Rome, ItalyItaly, like other European countries, has produced a series of regulations during the COVID-19 pandemic. Compulsory vaccination has been introduced for the Italian population. Meanwhile, the Decree-Law 27 January 2022 n. 4 provided for the compensation mechanism for those who have received damage of the psycho-physical integrity due to the anti-SARS-CoV-2 vaccination recommended by the Italian Health Authority. Law 1992 no. 210 already provided for the indemnity system for persons damaged by irreversible complications due to compulsory vaccinations, transfusions, and the administration of blood products. The legislator intended to attribute the right to an indemnity that is not compensatory in order to repair a wrong connected to some hypothesis of liability, but it rather has a welfare character in the broad sense, being attributable to Constitutional fundamentals. In the Italian panorama, although the vaccination damages have been fully included in the already existing law no. 210/1992, to date, no precise indications have been provided regarding the ascertainment of the causal link and the extent of the compensable damage. In the near future, the interest of the scientific community will focus on the evaluation of applications for access to the benefit.https://www.mdpi.com/2076-393X/10/5/635COVID-19 vaccinationadverse eventsno-fault compensationconsent forminformationavailability |
| spellingShingle | Paola Frati Nicola Di Fazio Raffaele La Russa Paola Santoro Giuseppe Delogu Vittorio Fineschi No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View Vaccines COVID-19 vaccination adverse events no-fault compensation consent form information availability |
| title | No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View |
| title_full | No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View |
| title_fullStr | No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View |
| title_full_unstemmed | No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View |
| title_short | No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View |
| title_sort | no fault compensation and anti covid 19 compulsory vaccination the italian context in a broad view |
| topic | COVID-19 vaccination adverse events no-fault compensation consent form information availability |
| url | https://www.mdpi.com/2076-393X/10/5/635 |
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