Remedies for Damage Caused by Vaccines: A Comparative Study of Four European Legal Systems

(2018) European Review of Private Law 57 – 96

40 Pages Posted: 19 Aug 2020

See all articles by Jean-Sébastien Borghetti

Jean-Sébastien Borghetti

Université Paris 2 Panthéon Assas

Duncan Fairgrieve

British Institute of International and Comparative Law ; Université Paris Dauphine

Peter Rott

Carl von Ossietzky University of Oldenburg

Date Written: July 17, 2018

Abstract

Compensation for damage caused to patients by vaccination is an increasingly prominent issue given the important public health consideration of ensuring the highest possible take-up of vaccination. This study explores the approach to vaccine damage cases in four different European countries (France, Germany, Italy and the UK), examining the variety of different mechanisms for providing redress, including specific compensation funds, social security systems, the operation of orthodox regimes of tort law and product liability, as well as in certain jurisdictions bespoke legislation for healthcare products or pharmaceuticals. The authors then go on to examine the recent case law on this topic at a Member State and European level, focusing particularly on issues relating to the notion of defect and that of causation in vaccine damage cases.

Note: “Reprinted from European Review of Private Law, Vol. 28 (2020) Issue 2, 57–96, with permission of Kluwer Law International.”

Suggested Citation

Borghetti, Jean-Sébastien and Fairgrieve, Duncan and Rott, Peter, Remedies for Damage Caused by Vaccines: A Comparative Study of Four European Legal Systems (July 17, 2018). (2018) European Review of Private Law 57 – 96, Available at SSRN: https://ssrn.com/abstract=3654197

Jean-Sébastien Borghetti

Université Paris 2 Panthéon Assas ( email )

Paris
France

Duncan Fairgrieve (Contact Author)

British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

Université Paris Dauphine ( email )

Place du Maréchal de Tassigny
Paris, Cedex 16 75775
France

Peter Rott

Carl von Ossietzky University of Oldenburg ( email )

Germany

HOME PAGE: http://https://uol.de/privatrecht

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