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Damage to Covid-19 vaccinated people: commitment to increase funds. We explain the way to go

One of the few good news coming from Parliament is the approval today of an Agenda in the Senate, authored by Sen. Augussori (Lega) which commits the government to find the necessary resources to reimburse serious damages, that is, illness or permanent injuries , resulting from Covid-19 vaccinations. A step forward, not huge, but significant, to recognize a necessary right for those who submit to a real or surreptitious vaccination obligation. After all, this morning we have already written about the claims for damages in Germany .

The procedure, provided for by Law 210/92 and regulated by the Prime Minister's Decree of 26/5/2000, is as follows:

  1. The request for compensation must be submitted to the health authority of residence.
  2. The Healthcare Company has the task of carrying out the investigation, checking the completeness of all the required documentation and verifying the possession of the requisites established by law.
  3. Once the investigation has been carried out, the Health Authority sends a complete copy of the file to the competent hospital medical commission (CMO), which calls the interested party to visit and expresses the judgment on the causal link between the infirmity and the transfusion, or vaccination or administration of infected blood products, on the category of ascription of the infirmity and on the timeliness of the application. The report containing the judgment is sent to the Health Authority.
  4. The minutes of the CMO are subsequently notified to those directly involved. From the day of notification, the term of thirty days for the possible presentation of the appeal against the judgment of the CMO starts.
  5. In the event of aggravation of the already recognized infirmity, the interested party may submit to the Health Authority, within six months of knowledge of the event, a request for revision (Article 6 of Law 210/92), in order to obtain the ascription to a different tabular category.
  6. Individuals (who have already been granted the right to compensation) who have contracted more than one disease directly related to the vaccination or administration of infected blood products, can submit a specific application to the Health Authority to obtain additional compensation (so-called double pathology). The compensation is equal to 50% of that provided for the category corresponding to the most serious pathology.
  7. In the event of the death of the injured party, connected with pathologies resulting from the ownership of the indemnity, the entitled persons (in the order foreseen: spouse, children, parents, minor siblings, siblings of age) can apply for the payment of a one-off allowance of € 77,468.53 (to be paid in a single payment or reversible for 15 years). The request must be submitted to the Health Authority of the last residence of the injured person who died, within 10 years from the date of death.
    The heirs have the right to obtain the sum corresponding to the accruals accrued and not collected by the indemnity holder.
  1. The deadline for submitting the application for those injured by vaccination, transfusion or administration of blood products is three years. The deadlines run from the moment in which, on the basis of the documentation presented, the person entitled has knowledge of the damage.

the ministry, in most cases, will oppose the request stating that vaccinations for covid-19, except for some cases, such as medical personnel, law enforcement, etc., is not mandatory. In this case, however, there are some clear rulings of the Constitutional Court established that no differentiation should be made between the cases of compulsory and recommended vaccinations, such as in the past against influenza or against hepatitis A and B, the latter very recent case. , dating back to 2020. In this field the sentences of the Supreme Court are quite numerous, so the opposition of the ministry is only a harmful and annoying obstruction.


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The article Damage to vaccinated Covid-19: commitment to increase funds. We explain the way forward comes from ScenariEconomici.it .


This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/danni-ai-vaccinati-covid-19-impegno-a-aumentare-i-fondi-vi-spieghiamo-la-strada-da-percorrere/ on Thu, 13 Jan 2022 16:18:01 +0000.