Survivor’s family loses lawsuit against Korea Disease Control and Prevention Agency for compensation in first trial
[더팩트ㅣ송다영 기자] The court ruled that a causal relationship between vaccination and death could not be recognized in the case of a patient who died from cerebral hemorrhage a month after receiving the COVID-19 vaccine.
According to the legal community on the 27th, the 6th Administrative Division of the Seoul Administrative Court (Chief Judge Na Jin-i) filed a request for cancellation of lump sum compensation and funeral expenses filed by Mr. A, the bereaved family of Mr. B who died of cerebral hemorrhage after receiving the COVID-19 vaccine, against the Commissioner of the Korea Disease Control and Prevention Agency. The plaintiff lost in the lawsuit.
Mr. B, in his 40s, received the second dose of the COVID-19 vaccine on October 12, 2021, and was diagnosed with ‘subarachnoid hemorrhage‘, which damages cerebral blood vessels, on November 18, about a month later. He was hospitalized and died on December 21 during treatment. died. At the time of hospitalization, Mr. B claimed, “My headaches got worse a week after the vaccination.”
Mr. A, Mr. B’s father, requested compensation for damages from the Korea Disease Control and Prevention Agency, claiming that vaccination was the cause of his son’s death, but it was rejected on the grounds that the causality between COVID-19 vaccination and death was not recognized.
The Korea Disease Control and Prevention Agency stated the reasons for refusal by saying that Mr. B’s symptoms of headache and dizziness occurred about a week after vaccination, making it unlikely that he would be vaccinated against COVID-19, and that subarachnoid hemorrhage was not a known adverse reaction for each vaccine.
Accordingly, Mr. A filed a lawsuit, claiming that Mr. B had no underlying medical conditions, but died from subarachnoid hemorrhage after receiving the vaccine.
The court did not accept Mr. A’s claim.
The court ruled, “Mr. B felt a headache a week after vaccination, but it was almost a month after vaccination that the headache worsened in earnest,” and “it is difficult to estimate a causal relationship between vaccination and cerebral hemorrhage.” did it
It was also pointed out that there was a lack of medical evidence, and only records of Mr. B receiving treatment for other diseases such as rheumatoid arthritis and lumbar sprain were confirmed, and there was no data to prove a clear connection with the vaccine.
Considering the blood pressure and cholesterol levels measured after the occurrence of subarachnoid hemorrhage, it was believed that Mr. B may have had risk factors related to subarachnoid hemorrhage. Mr. A was unable to submit health examination results or rebuttal materials to refute this.
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