From fever, fatigue or headache or body aches to coronary or neurological conditions such as blood clots, demyelination or diplopia. Vaccines against COVID-19 they may have side effects after the first or second dose. The Ministry of Health has recognized twenty and, although heAdverse reactions (serious contraindications) are rareThey can cause long-term health problems. In this situation, victims can be plywood by the regional or central health administration if they request it within one year of reporting Senior doctor oa stabilization lesional.
This is where calling comes into play. doctrine of special sacrifice, through which the State assumes responsibility for damages caused by administrative acts. This means that if for the common good, in this case the vaccine against the coronavirus, there is a citizen who had to sacrifice, the administration is responsible for compensating those people who have experienced significant adverse reactions if the damage was significantly greater than the risk of contracting the disease and its normal consequences.
count to THE TARGET Alberto Masiá, health claims attorney and pioneer in this type of claims. “My office filed its first complaint about a woman who experienced significant sequelae. She is now injured and the compensation can be quantified. We are in the administrative complaint before the Ministry of Health, which is co-responsible with the Autonomous Community. One promoted him and the others implanted him.
13,820 people suffer from serious side effects
The 92.9% of the Spanish population, more than 40 million people, have received the full vaccination schedule against the coronavirus, according to data from the Ministry of Health; and the last Pharmacovigilance report on COVID-19 vaccines reported, through December 1, 83,093 adverse events after the vaccination: 13,820 were considered serious (those that required hospitalization, resulted in significant or persistent disability or birth defects, or endangered the person’s life) and 481 was fatal.
On December 1, the Ministry of Health updated the list of possible adverse reactions of each of the covid-19 vaccines and added two new ones to the most common side effects: the profuse bleeding during menstruation and the urticaria. Also, recently, a study published in The BMJ – the largest to date – has shed more light on the risk of developing a type of blood clot related to covid-19 vaccines. The study observed a 30% increased risk of thrombocytopenia after the first dose of AstraZeneca compared with the first dose of Pfizer-BioNTech.
In this sense, for Masía, those minor circumstances would not be claimable such as fever and dizziness or short-term malaise, and emphasizes that to affirm it is necessary to demonstrate a “causal link” between the inoculation of the vaccine and the damage according to four criteria: «The first criterion would be chronological, i.e. that the symptoms appear in a period of 40 days after the inoculation; second, that the accident consequences which present are included in the updates that the Ministry of Health has carried out regarding the side effects of the vaccine; third, that it is not pathologies previous one; and fourth, that the causal link due to illness”.
In this way, also the co-president of the Health Law section of the National Association of Lawyers Victims of Accidents and Civil Responsibility (ANAVA-RC), ensures that Only 2% of people with adverse reactions after the covid vaccine asked for compensation from the Administration. The reason: the ignorance. “The Administration does not want to know, I have been forbidden to advertise in this sense on several occasions” and adds: “If there has been a campaign to vaccinate people, they should resort to the same system so that people know your rights”.
“The administration doesn’t want anyone to know”
All member countries of the European Union have reached an agreement whereby, due to the exceptional nature of the pandemic, the laboratories responsible for the vaccines are exempt in the event of an accident. An exemption that protects both the company and its executives. In the meantime, it is the regional health services and the Ministry of Health itself that must take on this compensation.
Therefore, Masía explains that, first of all, the complaint is administrative and, if within a period of six months, the regional administration does not respond is prosecuted. And this is what is happening, above all, in Andalusia. Where the lawyer explains that the Ministry of Health ignores the claims.
However, for the lawyer, the most appropriate thing is for the State to create a compensation system for vaccine damage, as is the case in Italy, in order to avoid administrative or even judicial proceedings.
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