Denmark Covid Vaccine NFCS

Introduction

Denmark had an existing no-fault compensation scheme for vaccines created 8 March 1978, and which incorporated covid-19 vaccines from 27 December 2020.

This scheme was created under national legislation. It is now governed by the Complaints and Compensation Act LBK No 9 of 04/01/2023.

It is administered by the Danish Patient Compensation Association (Patientserstatningen), who are a public body.

The funding for the scheme comes from central government funds.

Vaccines Covered

This NFCS covers EU approved vaccines administered in Denmark on the free National Vaccination Program.

This includes vaccines approved for emergency use and standard approvals.

Injuries Covered

This NFCS covers both temporary and permanent injuries.

Under this NFCS any injury is potentially covered.

Charges for making a claim

There is no upfront charge for making a claim under this scheme, but a deductible is taken from successful claims. The deductible is set out at Section 46 clause 2 of the Act, it is uplifted each year and the 2023 value is 8,305 DKK.

Claimants

Under this scheme the following categories of individuals are permitted to make a claim.

• Vaccine recipient/their representative
• Estate of a deceased vaccine recipient

Under this scheme the claimant is allowed to nominate a legal representative to make their claim. There is no funding for direct legal representation within the scheme, but there is provision for the scheme to arrange for the examination of witnesses in the district court where they live funded by the state under s33 paragraph 3.

Losses covered

This scheme pays the following

Quantification of loss is set out under the Promulgation of the Act on Liability Act law 1070 of 24/08/2018. The figures set out below are from 2018 and will have been subject to annual increases.

It includes the following claim types

Payments for the vaccinated individual

• Lost earnings. Lost earnings is intended to cover a temporary period until the vaccine recipient can return to work. It is not paid if the reduction in earning capacity is less than 15%.
• Pain and Suffering. This is paid at a daily rate, is capped at 50,0000 DKK.
• Lasting harm. This is a fixed lump sum calculated taking into account the medical nature and extent of the injury and the disadvantages caused to the claimant's personal life. For 100 per cent disability the compensation to DKK 573,500. In case of lower degrees of disability, the amount is reduced proportionately. In special cases, the disability allowance may be set at a higher amount, but not more than DKK 687,500. No compensation is paid if the degree of disability is less than 5 per cent. For claimants who are over 40 at the time of the injury the compensation is reduced by 1 per cent for each year that claimant was older than 39 years. If the claimant had reached the age of 60, the compensation is reduced by a further 1 per cent for each year that they were older than 59. However, the allowance shall not be further reduced after the age of 69.
• Loss of future earning capacity. If there is a permanent reduction in the vaccine recipient’s ability to work then the loss of earning capacity is calculated taking into account:-  the vaccine recipient’s pre-injury earnings/earning potential; the percentage reduction in their earning capacity; and their age. If the loss of earning capacity is less than 15 percent then no payment will be made. If the vaccine recipient had reached the age of 30 at the time of the injury, the compensation is reduced by 1 per cent for each year that they were older than 29. If the vaccine recipient had reached the age of 55, the compensation is reduced by a further 2 per cent for each year in which they were older than 54. However, the compensation is not further reduced after the age of 69. Loss of future earning capacity is capped at 6,020,000 DKK.

Survivors Payments

• Funeral expenses/transitional payments. For deceased claimants either funeral expenses or a transitional payment to a spouse/cohabiting partner are available. The transitional payment is 108,000 DKK. If the deceased person does not leave behind a spouse or cohabiting partner, then in exceptional circumstances the transitional payment may be granted to another surviving person.
• Compensation for spouse or cohabitant. This is 30 per cent of the compensation for complete loss of earning capacity. Unless there are special circumstances this compensation will be at least DKK 644,000. If the breadwinner had reached the age of 30, the compensation is reduced in the same was as it is for loss of earning capacity.
• Loss of dependency compensation for children. This is fixed at an amount equal to the sum of the maintenance contributions which the deceased would have been liable for under the Child Support Act at the time of the injury if the deceased had been liable to pay contributions. If the deceased was a single parent, the compensation is increased by 100 per cent.

Payments consist of a lump sum payment.

Funeral expenses are available under this NFCS, but only if the transitional payment is not claimed.

Compensation under this scheme calculated on an individual basis using tariffs/guidelines to assist with quantification.

Loss of earnings are paid under this scheme. They are quantified on an individual basis/on an individual basis using a tariff/individualised but with a top cap of 6,020,000 for loss of earning future capacity .

Compensation under this scheme is capped, with a top value that depends on which elements of the compensation an individual receives.

There is no minimum claim value under this NFCS, but there is a deductible. It is not worth making a claim for an amount below the deductible value, which is 8,305 DKK in 2023.

Time limits for claims

The scheme does not set a time limit between vaccination and the adverse event occurring.

A claim under the scheme must be brought within 3 years of becoming aware of the injury, with a ten year longstop.

Evaluating claims – standard of proof required

Section 45 of the Act places a requirement on any Health Care Professional who during their work becomes aware of injuries that are likely to give rise to compensation under the Act to inform the injured party and to help the injured party to fill in the claim form. Claims are investigated Patientserstatningen, the standard is to judge is set out in the Act and is that 'the damage is most likely caused by the use of the medicinal product’.

Appeals and the right to litigate

If a claimant disagrees with the decision reached they have 30 days to appeal to the Appeals Board of Patient Compensation. Alternatively, an appeal can be made to the Patient Ombuds Board.

There is a restricted right to litigate. There is also a subrogation clause in s 53 of the Act which means the Ministry of Health will be subrogated into a patient's subsequent Product Liability Act claim against a manufacturer. Under paragraph 2 of S53 it is clear that the State may incur the costs of legal proceedings for recovering compensation for s53 claims, and that any recovered compensation from such claims will be paid to the State to the extent to which the State has provided compensation or incurred expenses.

Useful information and links

The scheme produces an annual report including data on claims & financial performance (claim numbers, payments, claim processing timeframes, administrative costs, etc)

Danish Patient Compensation Association (Patientserstatningen)

Legislation

The Complaints and Compensation Act LBK No 9 of 04/01/2023.

Promulgation of the Act on Liability Act law 1070 of 24/08/2018