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[Vaccination in Workplace and Compensation for Adverse Events]
Tatsunori Suemitsu1,2, Shogo Miyazaki1, Kazuto Sato3
1Industrial Health Consultant.
Journal of UOEH
|June 6, 2022
Summary
Japan
Area of Science:
- Public Health
- Immunology
- Law
Background:
- Rapid development and emergency use approval of SARS-CoV-2 vaccines under the Pharmaceutical Act.
- Mass vaccination campaigns in Japan targeted healthcare workers and the elderly.
- COVID-19 pathophysiology and post-vaccination health damage reports were reviewed.
Purpose of the Study:
- To examine legal frameworks surrounding COVID-19 vaccination in Japan.
- To analyze compensation programs and remedial measures for vaccine-related health damages.
- To propose legislative improvements for future pandemic preparedness.
Main Methods:
- Overview of COVID-19 pathophysiology.
- Review of literature on fatal outcomes and compensation programs.
- Analysis of relevant Japanese legislation including the Immunization Act, Civil Code, and State Redress Act.
Main Results:
- The Immunization Act was amended to allow government indemnity agreements with pharmaceutical companies for vaccine-related damages.
- Employers may seek reimbursement for damages paid to third parties under the Civil Code and State Redress Act.
- Current legislation does not exempt healthcare and occupational health staff from potential lawsuits and liability.
Conclusions:
- Legislative reform is needed to address liability and compensation for emergency vaccinations.
- Careful contractual agreements are essential for organizations involved in mass vaccinations.
- Proactive legal and contractual measures are crucial for managing future infectious disease outbreaks.
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