Slovenia Covid Vaccine NFCS

Introduction

Slovenia introduced a no-fault compensation scheme for vaccine injuries following a 2004 decision of the Slovenian Constitutional Court which found the Communicable Diseases Act (Zakon o nalezljivih boleznih – ‘ZNB’) unconstitutional in so far as it did not regulate procedures to obtain justified waivers from compulsory vaccination and did not provide for State liability for damages suffered by individuals due to compulsory vaccination. The ZNB was amended to incorporate no-fault compensation provisions for compulsory vaccination in 2006 (see Preložnjak and Šimović 2018). No-fault compensation provision was extended to cover COVID-19 vaccination in December 2021 with the passing of the Act on Additional Measures to Stop Spreading and Mitigate, Control, Recover and Eliminate the Consequences of COVID-19 (Zakon o dodatnih ukrepih za preprečevanje širjenja, omilitev, obvladovanje, okrevanje in odpravo posledic COVID-19, ZDUPŠOP), No. 206/21, which came into effect on 30 December 2021.

The administrator of this scheme is the Slovenian Ministry of Health. For Covid-19 vaccines specifically, the evaluation of damage to health or death is done by the National Institute of Public Health (NIJZ) (source: https://static.eurofound.europa.eu/covid19db/cases/SI-2021-53_2121.html).

The funding for this NFCS comes from the Slovenian state budget.

Vaccines Covered

This NFCS covers mandatory vaccines and vaccines against COVID-19 administered by a healthcare provider licensed to practice health care in the Republic of Slovenia. The NFCS also covers medicines to treat COVID-19 which have been granted a temporary marketing authorisation and have been administered by a healthcare provider licenced in Slovenia.

Although not specifically indicated in the law, it seems this scheme includes vaccines approved for emergency use and standard approvals.

Injuries Covered

This NFCS only covers permanent injuries.

Under this NFCS only eligible injuries are covered. Eligible injuries are those resulting in ‘grave and permanent reduction in vital body functions’.

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:

People vaccinated or cured by registered vaccinations or medicines who have suffered eligible injuries (i.e. grave and permanent reduction in vital functions);
Spouse or partner of someone who has died following a vaccine injury
Parents of a child below 18 years of age and above 18 if they support the child or were sharing the same household (in case of death of the child);
Children below 18 years of age and above 18 if the injured person was supporting them (in case of death of the injured person.)

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

Losses covered

This scheme pays the following:

Live vaccine recipient

Dependants of vaccine recipient

Specified surviving family members of a deceased vaccine recipient

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

Compensation payments are for general categories and are not broken down into economic and non-economic losses. (only in case of death of the injured vaccinated person)

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

Payments consist of a lump sum payment.

Compensation under this scheme calculated on an individual basis using tariffs/guidelines to assist with quantification. Injured vaccinated people who have suffered grave and permanent reduction in vital functions are awarded compensation amounting to €60,000. The spouse or partner of someone who has died following a vaccine injury and the parents of a child below 18 years of age (and above 18 if they support the child or were sharing the same household) who has died following a vaccine injury are awarded compensation amounting to €10,000. Children below 18 years of age (and above 18 if the injured person was supporting them) are awarded compensation amounting to €20,000 – see https://static.eurofound.europa.eu/covid19db/cases/SI-2021-53_2121.html.

Loss of earnings do not seem to be paid under this scheme.

The maximum quantum that can be awarded under this scheme depends on the nature of the injury and is determined by reference to tariffs/guidelines established by law.

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

Time limits for claims

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

Under this NFCS there is a time limit to file a claim of 6 years from date of vaccination.

Evaluating claims – standard of proof required

This NFCS decides on causation on based on an expert opinion of a specialised commission.

Appeals and the right to litigate

There is a restricted right to litigate - According to art. 53.f ZNB, '[w]ith the payment of compensation under this law, all damage for which the state is objectively responsible under this law is settled.' However, according to art. 71 of the Act on additional measures to prevent the spread, mitigation, control, recovery and elimination of the consequences of COVID-19 - ZDUPŠOP (Official Gazette of the RS, No. 206/21 of 29.12.2021), 'The provisions of this Act do not interfere with the right of persons referred to in the previous article to compensation for damages according to general regulations, and in particular, the provisions of this Act do not apply to the compensation of damages that are the result of professional irregularities in the provision of vaccination or treatment for COVID-19 or inadequate the quality of a vaccine or medicine for the treatment of COVID-19 in accordance with the regulation governing medicines.'

There is an external review process for the NFCS decision.

Useful information and links

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

Links to legislation:

Act on Additional Measures to Stop Spreading and Mitigate, Control, Recover and Eliminate the Consequences of COVID-19 No. 206/21: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO8506.

Academic literature:

Barbara Preložnjak and Ivan Šimović. 2018. European Experiences and Croatian Perspectives of Compensation Programs in Case of Childhood Vaccine Injury. Intereulaweast, Vol. V (1). Available at: https://hrcak.srce.hr/file/299286.

Other resources:

Eurofund EU Policy website: https://static.eurofound.europa.eu/covid19db/cases/SI-2021-53_2121.html