They are under 60, complain of symptoms such as fever and joint pain and after the AstraZeneca vaccine everyone is asking for compensation for non-pecuniary damage – 10 thousand euros the indicated amount – caused by the fear of getting sick for having received the vaccine. ‘Photocopy’ warnings begin to rain in Lombardy. For example, Asst Melegano and della Martesana, according to Adnkronos Salute, have already received 12.
The petitioners, vaccinated with AstraZeneca under 60, cite “alarming news” and “indications” from the drug agency “Aifa changed several times over time” on the age groups to which the shield product should be administered. “First up to 55 years”, then “suspended pending the opinion of the EMA”, the European Medicines Agency, “therefore recommended for the over 60”, are some of the steps mentioned in the texts of the warnings.
And in support of their request, the promoters call into question a precedent, which however has nothing to do with vaccines. The non-pecuniary damage caused by the fear of getting sick, reads one of these warnings, “has now been recognized by the jurisprudence for several years, in particular following the well-known ‘Seveso case’ of 1976”, the accident in a chemical and the release of a dioxin cloud that invested a large area of Brianza.
In that case, it is explained in the text, “the moral damage complained of by subjects who concretely prove to have suffered a psychic disturbance of a transitory nature due to exposure to pollutants was recognized independently compensable”. Therefore, the fear of getting sick after the vaccine would be enough and the promoters of the action reserve the right to provide proof of the damage suffered through medical certification.
The script is the same for the requests made so far. This formula is among those proposed by Codacons. The consumer association, in fact, in June had made available to the under 60 vaccinated with AstraZeneca a text to present a warning (many, according to the organization, had downloaded it) and had announced the preparation of a collective action precisely to claim this type of compensation. Healthcare companies, for their part, are currently in a waiting position. Since there are no references in this regard, there is no definite line of action. It will probably be the Region, which centrally receives these warnings, to give indications on how to move.
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