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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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Autores principales: Frati, Paola, Di Fazio, Nicola, La Russa, Raffaele, Santoro, Paola, Delogu, Giuseppe, Fineschi, Vittorio
Formato: Online Artículo Texto
Lenguaje:English
Publicado: MDPI 2022
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9145348/
https://www.ncbi.nlm.nih.gov/pubmed/35632391
http://dx.doi.org/10.3390/vaccines10050635
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author Frati, Paola
Di Fazio, Nicola
La Russa, Raffaele
Santoro, Paola
Delogu, Giuseppe
Fineschi, Vittorio
author_facet Frati, Paola
Di Fazio, Nicola
La Russa, Raffaele
Santoro, Paola
Delogu, Giuseppe
Fineschi, Vittorio
author_sort Frati, Paola
collection PubMed
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.
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spelling pubmed-91453482022-05-29 No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View Frati, Paola Di Fazio, Nicola La Russa, Raffaele Santoro, Paola Delogu, Giuseppe Fineschi, Vittorio Vaccines (Basel) Article 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. MDPI 2022-04-19 /pmc/articles/PMC9145348/ /pubmed/35632391 http://dx.doi.org/10.3390/vaccines10050635 Text en © 2022 by the authors. https://creativecommons.org/licenses/by/4.0/Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).
spellingShingle Article
Frati, Paola
Di Fazio, Nicola
La Russa, Raffaele
Santoro, Paola
Delogu, Giuseppe
Fineschi, Vittorio
No-Fault Compensation and Anti-COVID-19 Compulsory Vaccination: The Italian Context in a Broad View
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 Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9145348/
https://www.ncbi.nlm.nih.gov/pubmed/35632391
http://dx.doi.org/10.3390/vaccines10050635
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