Vaccine Side Effect Compensation... A Review of Judgments on Influenza and Other Diseases

Law: "Only proof that it is not caused by other factors is needed"
Victory in lawsuit diagnosing 'Guillain-Barr? Syndrome' after vaccination
Potentially important precedent for future COVID vaccine trials

[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] "It is sufficient to prove that the cause was not other than vaccination."

This is part of a court ruling in a compensation lawsuit filed by Mr. A, who was diagnosed with Guillain-Barr? syndrome after receiving an influenza (flu) vaccination, against the state. The ruling cited a 2014 Supreme Court precedent. The Seoul High Court ruled in favor of Mr. A last year in a lawsuit seeking to cancel the refusal of his vaccination injury compensation claim against the Korea Disease Control and Prevention Agency (KDCA). The ruling provides judicial reasoning that citizens suffering from side effects of the COVID-19 vaccine can refer to. It is likely to serve as an important precedent in future COVID vaccine injury compensation trials.

In October 2014, Mr. A received an influenza vaccination at a public health center in Yongin-si, Gyeonggi Province. However, six days later, he developed diarrhea symptoms, and ten days later, he experienced weakness in his right leg and lower back. He visited a hospital and was diagnosed with Guillain-Barr? syndrome. In the disability grade assessment, he was classified as Grade 1 physical disability. Mr. A applied for vaccination injury compensation from the KDCA. However, the KDCA rejected the application, stating that "the possibility that Mr. A's symptoms were caused by the vaccine is unclear, making it difficult to recognize a causal relationship with the vaccination." When Mr. A's appeal was also dismissed for the same reason, he filed a lawsuit.

The appellate court overturned the original ruling that dismissed Mr. A's case and concluded that "a causal relationship between the vaccination and Mr. A's symptoms can be recognized." The court stated, "It is not impossible according to medical theory or empirical rules to infer that Mr. A's symptoms arose from the vaccination," and "there is evidence to the extent that the symptoms are not of unknown cause or caused by factors other than vaccination." The court focused on the very close temporal proximity between the vaccination and the onset of Mr. A's symptoms. Additionally, based on the medical association's opinion, the court noted that "the diarrhea symptoms shown by Mr. A are also representative preceding illnesses of Guillain-Barr? syndrome."

Guillain-Barr? syndrome is a rare neurological disorder in which the immune system damages nerve cells, causing muscle weakness or paralysis. Recently, there have been several cases diagnosed with Guillain-Barr? syndrome after receiving the COVID-19 vaccine. On the 12th, a petition was posted on the Blue House National Petition Board stating, "My father was diagnosed with Guillain-Barr? syndrome after vaccination and is now paralyzed in all limbs," urging for a thorough investigation. However, to date, there have been fewer than ten cases where a causal relationship between vaccination and severe adverse reactions, including Guillain-Barr? syndrome or death, has been recognized.

The government plans to re-evaluate cases with unclear evidence in the future when sufficient evidence accumulates to prove causality between vaccination and adverse effects. However, it is uncertain whether causality will be broadly recognized. The Enforcement Decree of the Infectious Disease Prevention and Control Act, the relevant law, does not establish criteria for when compensation can be provided. It is entirely left to the discretion of the KDCA director. If the KDCA director does not recognize causality and refuses compensation, individuals like Mr. A have no choice but to file cancellation lawsuits.

However, there is a statute of limitations for such cancellation lawsuits. According to the Administrative Litigation Act, cancellation lawsuits must be filed within 90 days from the date the disposition is known. This was the case for Mr. B, who was unable to receive relief due to the expiration of the filing period. In September 2013, Mr. B received a pneumococcal vaccination at a public health center in Songpa-gu, Seoul, and subsequently developed paralysis symptoms on the left side of his face. He applied for compensation in January of the following year, but the KDCA rejected the claim, and the result was notified on April 10. Mr. B was required to file a lawsuit seeking cancellation of the disposition within the 90-day filing period, but he only submitted the complaint to the court on December 23, 2014, six months later. Ultimately, the Daejeon High Court dismissed Mr. B's case in August 2019 on the grounds that the filing period had expired.

This content was produced with the assistance of AI translation services.