UNICEF Covid Vaccine NFCS
Introduction
UNICEF is a multi-jurisdiction compensation scheme covering COVID-19 vaccines which have been either procured and/or delivered by UNICEF on a Participating Country’s behalf; donated to a Participating Country through UNICEF; or formally included into the Scheme (but otherwise procured and/or delivered but not by or through UNICEF).
This scheme is a non-statutory scheme, governed by a Program Protocol.
It is administered by ESIS, Inc., who are a private body (private provider of managed claim services).
The funding for the scheme comes from financial reserves established out of an ad-hoc fund based on a per dose levy charged on each covered vaccine.
Vaccines Covered
This NFCS covers COVID-19 vaccines ‘received in any Participating Country that [are] either: (i) procured and/or delivered by UNICEF on a Participating Country's behalf; (ii) donated to a Participating Country through UNICEF; or (iii) formally included into the Scheme (but otherwise procured and/or delivered but not by or through UNICEF, that:
(i) either (A) [have] licensure or authorisation from a stringent (“functional”) regulatory authority or (B) [have] received WHO prequalification, following licensure or authorisation from a stringent (“functional”) regulatory authority, or (C) [have] been issued authorisation for emergency use based on licensure or authorisation by a stringent (“functional”) regulatory authority; and
(ii) is included in Schedule 1, as updated from time to time; and
(iii) has received all required approvals and authorisations for importation,
distribution and use in the relevant country; and
(iv) has not reached its Scope of Coverage Endpoint.’
(see Program Protocol, 2 “Vaccine”).
For more on the ‘Scope of Coverage Endpoint’, see ‘Time Limits’ section below.
Injuries Covered
This NFCS only covers permanent injuries.
Under this NFCS only eligible injuries are covered. Eligible injuries are serious bodily injuries or illness requiring hospitalisation or prolonging an existing hospitalisation and resulting in permanent total or partial impairment; or congenital birth injuries or illness in an unborn or new-born child of a woman who received a covered vaccine resulting in permanent total or partial impairment; or serious injuries/illness resulting in death.
Charges for making a claim
There is no charge for making a claim under this scheme.
Claimants
Under this scheme the following categories of individuals are permitted to make a claim:
Vaccine recipient (see PP 2 ‘Patient’), or individual who is duly authorised to represent the vaccine recipient if the vaccine recipient has died, is a child or otherwise lacks legal capacity (duly authorised legal heir in case of death).
The ‘Patient’ or ‘duly authorized’ representative of the Patient needs to have sustained an injury that ‘in the opinion of a Registered Health Professional is deemed to have resulted from a Vaccine or its administration’ (PP 2 ‘Claimant’).
Under this scheme claimant legal representation is allowed.
It is not known whether funding for legal representation is provided by the scheme.
Losses covered
This scheme pays the following:
|
Live vaccine recipient |
Dependents of vaccine recipient |
Estate/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 is specifically provided for dependants |
Compensation payments are for general categories and are not broken down into economic and non-economic losses. |
Payments consist of a lump sum payment.
It is not specified whether funeral expenses are available under this NFCS.
Compensation under this scheme calculated on an individual basis using tariffs/guidelines to assist with quantification.
The amount that can be paid under this NFCS depends on the GDP per capita of the relevant country and the specific harm factor linked to the injury suffered by the vaccinee (GDP per capita of relevant country x 12 x harm factor). Hospital payments of $100/day can be awarded for a maximum of 60 days (see PP 9).
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 36 calendar months after the 'Scope of Coverage Endpoint' for the specific vaccine considered (see Schedule 1 to the Program Protocol), provided always that the vaccine was administered before the 'Scope of Coverage Endpoint' (which is 24 months after the relevant vaccine had first been put into circulation). There is also a mimimum of 30 days that need to have passed between vaccination and making a claim, but no waiting time if the vaccinee has deceased.
Evaluating claims – standard of proof required
The standard of proof required by the scheme is that of 'Most probable cause': the most likely cause (based on the balance of probabilities) that a covered vaccine or its administration resulted in a claimed Injury.
Appeals and the right to litigate
Use of the scheme and litigation are mutually exclusive and a claimant must choose which one they take.
There is an internal appeals process where the NFCS itself reviews the decision.
Useful information and links
It is not known whether the scheme produces an annual report including data on claims & financial performance (claim numbers, payments, claim processing timeframes, administrative costs, etc).
Link to NFCS website: https://c19vaccinenfc.com/
Program Protocol Link: https://c19vaccinenfc.com/wp-content/uploads/2021/10/Covid-19-Vaccine-Facillity-No-Fault-Compensation-Scheme-Protocol.pdf
Schedule 1 (List of vaccines): https://c19vaccinenfc.com/wp-content/uploads/2021/10/Covid-19-Vaccine-Facillity-No-Fault-Compensation-Scheme-Vaccine-List.pdf
Schedule 6 (Reporting Period illustrative diagram): https://c19vaccinenfc.com/wp-content/uploads/2021/10/Covid-19-Vaccine-Facillity-No-Fault-Compensation-Scheme-Illustrative-Diagram-of-the-Reporting-Period.pdf
List of Participating Countries: https://c19vaccinenfc.com/wp-content/uploads/2021/10/Covid-19-Vaccine-Facillity-No-Fault-Compensation-Scheme-List-of-Participating-Countries.pdf