Luxembourg Covid Vaccine NFCS

Introduction

Not much information is available on vaccine injury no-fault compensation in Luxembourg, and some of the details of this scheme remain unclear. We have mapped out this scheme to the best of our knowledge.

Luxembourg passed the Law of 4 July 2000 on the responsibility of the State on vaccinations ("Loi du 4 juillet 2000 relative à la responsabilité de l'Etat en matière de vaccinations") containing provisions on compensation by the State for vaccine injuries. According to Article 1 of the Law it is provided that:

- the eligible vaccination should be a vaccination required by a legislative or regulatory provision or recommended by the State;

- the vaccination has caused the death or permanent physical disability of the vaccinated person.

The claim, however, seems to exist only insofar as the damage is not compensable under the Social Security Code ("Code de la Sécurité Sociale”). Claims under the Social Security Code are available to anyone who has suffered a medical damage, including the damage resulting from a publicly recommended protective vaccination. Successful claimants are entitled to a disability pension ("Pension d’invalidité") in accordance with Chapter II of the Social Security Code.

The main scheme administrator appears to be the National Pension Fund Authority (“Caisse Nationale d’Assurance Pension”/CNAP). The Social Security Medical Inspectorate (“Contrôle Médical de la Sécurité Sociale”/CMSS) is the body tasked with assessing causal links between damage to health and vaccination giving right to a pension.

The funding for this NFCS seems to come from the state budget.

Vaccines Covered

This NFCS covers publicly recommended protective vaccination.

The scheme seems this scheme includes vaccines approved for emergency use and standard approvals.

Injuries Covered

Compensation under Law 4 July 2000 is limited to cases of death or permanent physical disability. It is unclear whether the compensation provided under the Social Security Code covers both temporary and permanent injuries or permanent injuries only.

Charges for making a claim

There are no known charges for making a claim under this scheme.

Claimants

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

An injured vaccinated person with a disability claim;
Surviving dependants of the injured vaccinated person

It is not known whether claimant is allowed to nominate a legal representative to make their claim under this scheme.

Losses covered

This scheme pays the following:

Live vaccine recipient

Dependants of vaccine recipient (in case of death of the vaccine recipient)

Legal heirs of a deceased vaccine recipient

Compensation payments are for general categories and are not broken down into economic and non-economic losses.

No compensation seems to be specifically provided for Legal heirs of a deceased vaccine recipient.

NFCS payment seem to consist mainly of periodic payments (disability pension for the injured vaccinated person and survivor’s pension for surviving dependants).

Additionally, according to article 17 of Social Security Code, the following key forms of damages are covered (non-exhaustive list):

medical care;
dental care;
treatment by health professionals;
medical biology analyses;
orthoses, prostheses, epitheses and dental implants;
drugs, human blood and blood components;
medical devices and medical food products;
treatments carried out in hospitals;
the cost of hospitalisation in the event of childbirth and in the event of hospitalisation except for simple accommodation;
therapeutic and convalescent cures;
rehabilitation and functional re-education;
the cost of transporting patients;
palliative care in accordance with the allocation procedures specified by Grand-Ducal Regulation (R. 28.4.2009);
psychotherapies for the treatment of a mental disorder.

According to article 348 Social Security Code related to the nursing care insurance, the following damages are covered (non-exhaustive list):

in the field of personal hygiene: aids and care aimed at keeping the body clean;
in the field of disposal: aids and care aimed at the removal of waste from the body;
in the field of nutrition: aids and care aimed at assisting the absorption of food, hydration and enteral nutrition;
in the field of clothing: aid and care for dressing and undressing;
in the field of mobility: assistance and care in changing position, moving around and entering and leaving the home.

It is not specified whether funeral costs are covered under this NFCS.

It is not clear how compensation under this scheme is quantified. There do not seems to be de minimis or maximum caps to compensation.

It is not known whether loss of earnings is compensated under this scheme.

Time limits for claims

It is not known whether there is a time limit between vaccination and the adverse event occurring.

It is not known whether there is a time limit within which a claim under the scheme must be brought.

Evaluating claims – standard of proof required

The ‘probability of a link' seems to be sufficient to prove a causal link under this scheme.

Appeals and the right to litigate

Possible claims under general legislation seem to remain unaffected by the existence of the NFCS. The statutory claim for damages against third parties appears to pass to the state obliged to grant the benefits, see Article 1 para 2 Law 4 July 2000.

There is both an internal and an external review process. A negative decision from CNAP can be first challenged through opposition proceedings against the Executive Board of the CNAP (“Conseil d’administration de la CNAP”). If unsuccessful, the decision can then be appealed to the Social Security Arbitration Board (“Conseil arbitral de la sécurité sociale”). A final appeal that can be filed with the Higher Council of Social Security (“Conseil supérieur de la sécurité sociale”). Additionally, if there is a valid legal basis, it is possible to start litigation in court.

Useful information and links

It is not known whether the scheme produces periodic reports including data on claims & financial performance.

Links to legislation:

Law 4 July 2000: https://legilux.public.lu/eli/etat/leg/loi/2000/07/04/n1/jo

Social Security Code: https://legilux.public.lu/eli/etat/leg/code/securite_sociale