 By ANDRé PICARD
PUBLIC HEALTH REPORTER
Monday, November 18, 2002 – Page A7
In Canada, only the Quebec government compensates people
who suffer severe injuries from vaccines. The little-known
program, a form of no-fault insurance, is held up as a model
by public-health officials around the world.
In place since 1986, the compensation plan came about in an
unusual way. The parents of Nathalie Lapierre, a girl who
contracted encephalitis and suffered severe neurological
damage after a measles vaccine, sued the doctor, the vaccine
manufacturer and the provincial government.
The case made its way to the Supreme Court of Canada and,
in 1985, the claim was rejected.
However, in its ruling, the court said that while there was
no legal obligation for the state to compensate, it would be
an "excellent thing" to do so.
"What the court said, essentially, is that people exposed
to potential harm while undergoing an intervention that is in
the greater public good, particularly when it is at the urging
of the state, should be compensated by the state," said Yves
Robert, a consulting public-health physician with the Quebec
Ministry of Health. "It's hard to argue with that logic."
Yet, no other province has followed the Supreme Court's
advice, though Manitoba and British Columbia are looking at
implementing similar plans.
To date, there have been about 100 claims in Quebec, two
dozen of which have been approved. All of those compensated
contracted polio from a child who received the oral polio
vaccine (a product that stopped being used in Canada in
1996.)
Dr. Robert said there have been claims from flu-shot
recipients who developed Guillain Barré syndrome, but they
have been rejected because the program is only for those who
are permanently disabled. GBS symptoms are almost entirely
reversible.
Quebec's vaccine-compensation plan is administered by the
Société de l'assurance automobile du Québec, the
provincial no-fault automobile insurance program. A person
disabled by a reaction to a vaccine is compensated in the same
manner as a person injured in a motor-vehicle collision, using
actuarial tables of earning potential and medical costs.
But unlike under the auto-insurance plan, those damaged by
vaccines retain their ability to take legal action. "You can
choose between a no-fault award or a civil suit, but you can't
have both," Dr. Robert said.
Some U.S. states have compensation programs for those
harmed by vaccines, but they are funded by taxes on vaccines
rather than the state.
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