Regulations will allow people who suffer injury due to COVID vaccine to apply for compensation

Minister of Health Renward Wells yesterday tabled the Health Services (COVID-19) Aid For Loss or Injury Rules, 2021, which will allow people who believe they were injured or suffered loss as a result of an approved COVID-19 vaccine to apply for compensation.

“These are the regulations that we will be laying that is going to help lead the charge in regards to our procurement of the vaccine for COVID-19,” Wells said as he tabled the regulations in the House of Assembly.

The regulations provide that: “In the event that a person alleges that he has suffered loss or injury due to the administration or use of a medicine defined in rule two, that person or his personal representative may apply in writing to the tribunal for compensation by way of aid for the loss or injury suffered.” 

Applications must be made within one year of the date of loss or injury, the regulations state.

Applications must also include the date and administration of the medicine, the details of the loss or injury suffered, and the occupation and place of employment of the person suffering the loss or injury.

Evidence supporting the claims must also be provided to the tribunal.

According to the regulations, the tribunal will be comprised of five “suitably qualified” people appointed by the minister of health, who will “be responsible for reviewing and determining applications under these rules”.

The tribunal will determine whether applicants sustained loss or injury covered by the rules and are eligible for aid. 

“In making a determination under this section, the tribunal shall make a determination based on compelling, reliable, valid, medical and scientific evidence provided by the applicant,” the regulations read.

A person eligible for aid may be awarded general damages, special damages, and “such other damages that the tribunal may consider just”.

The regulations also note that the decisions of the tribunal are final.

With the first shipment of the AstraZeneca vaccine set to arrive in The Bahamas in the coming weeks, many have expressed hesitation about taking the vaccine.

The vaccine is one of a few that have been approved by the World Health Organization (WHO) for emergency use.

While the National COVID-19 Vaccine Consultative Committee previously said the vaccine would not be immediately administered to those older than 65, it has since announced that the vaccine will be administered to all Bahamians and residents over 18, including people over 65.

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