Compensation to the injured from the vaccine, which is now the State will pay more

If there is delay – in pay compensation – there is also moral damage. Now it will work as well for the State and for other public bodies. This was established by a decision issued by the Council of State (the number 7646/2019), last November 8.

Thus, the ministry of Health was sentenced to compensate the moral harm to a family who in 2009 lost her daughter as a result of an encephalitis caused by vaccination, and that he never saw a euro of compensation established by the Tar in 2007. A delay of 12 years from the Ministry that now is “quantified”.

“To 450 thousand euro, the amount recognized by the court, you must add 20% (fixed percentage on any compensation) for the ‘existential damage’ caused by the delay, more legal fees – calculates Marcello Tired of the lawyer who has followed the case, who is also the president of the association Amev, sick emostrasfusi and vaccinated – Prior to this judgment, public authorities, latecomers in recognizing the due were only legal interests, which is the equivalent of zero euros”.

Certainly would not be enough gold in the world to return serenity to a mom and a dad who, after a vaccination, have seen their daughter six years fall into the abyss. And all the time that their daughter remained in life I have not had any public support. Even the due.

It was a commission Asl, in 2007 to establish the causal link between the vaccine and encephalitis of the small but, since then, the procedure undertaken was more like a path mined that a request for justice.

Told by the lawyer Tired: “After the first five years without compensation, I turned to Tar and I got the freezing of the funds of the Ministry of Health. At that point, the Ministry turned to the Council of State saying that, through our fault, the State would not have been able to compensate anyone. So the victims gathered together under other associations are convinced that the my work they would be penalized further. In fact, however, the Ministry had not yet drawn up the list of those having the right…”

And what happened then?

“After the death of the girl went to the regional administrative court a request for compensation for moral damages in that case were another 70 damaged and 5 associations. On 8 July this year there was discussion in the classroom. And five months later, on 8 November, came the judgment is intended to change the law”.

In what sense?

“The State Council has integrated the law Madia of 2013 on the public administration by establishing a sanction. And he did this by appealing to in articles 2 of the Constitution (on the protection of the inviolable rights), and 97 (on the impartiality and efficiency of the public administration). Until now there was no psychological damage, existential due to the delay of a compensation, there is today”.

It will also be valid for others?

“Of course. At the moment, there are 5 pending applications affected by blood transfusion (someone also from vaccines). If all and 5, to ask for moral damages for the delay – had a right – the State would not find the funds. The Financial law 2007 (art.33) appropriated 700 thousand euro for the damaged but had not contemplated the moral damage of the delay”.

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