A decision handed down by the Court of Justice of the European Union should offer more possibilities to be compensated for people who claim to be victims of a vaccine accident. The highest European court has just rendered a decision in this direction.
“The temporal proximity between the administration of a vaccine and the occurrence of a disease, the absence of personal and family medical history of the vaccinated person as well as the existence of a significant number of recorded cases of occurrence of this disease as a result of such administrations “ may be clues that a vaccine is defective.
The judges will rule according to their freedom of appreciation
This decision is rendered following proceedings between a patient vaccinated against hepatitis B in 1998 and who was diagnosed with multiple sclerosis one year later. He and his family sued the vaccine manufacturer but his complaint was dismissed by all French courts before landing in the Court of Justice of the European Union.
In rendering its decision, the European Court of Justice has not ruled precisely on this case but this will now allow judges to rule. “according to their own freedom of appreciation”, and no longer just based on “certain proof from medical research”.
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