Vaccine injury compensation: the Israeli case.

Area of Science:

• Public Health Policy
• Legal Studies
• Medical Law

Background:

• Israel enacted the Vaccine Injury Compensation Law in 1989, offering compensation without requiring proof of negligence.
• In 2021, COVID-19 vaccines were included under this law, covering vaccinations from December 20, 2020, to December 21, 2022.
• The study examines the law's original objectives and barriers to their fulfillment, particularly relevant given discussions on manufacturer liability exemptions.

Purpose of the Study:

• To examine the objectives of Israel's Vaccine Injury Compensation Law upon its enactment.
• To explore the barriers hindering the fulfillment of these objectives.
• To assess the law's relevance in the context of COVID-19 vaccine liability discussions.

Main Methods:

• Qualitative methodology.
• Content analysis of relevant legal documents.
• In-depth interviews.

Main Results:

• Legislators intended to lower the burden of proof and streamline claims for vaccine recipients.
• The law aimed to encourage high vaccination compliance by assuring compensation for injuries.
• Implementation analysis revealed that these goals were not achieved.

Conclusions:

• The law's implementation has not upheld public health principles of fairness and solidarity.
• Adversarial proceedings and certain provisions may erode public trust and undermine vaccine compliance.
• Recommendations include accepting circumstantial evidence, administrative deliberation, and public case disclosure to enhance fairness, solidarity, and trust.