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KMID : 0986720220300010069
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Korean Journal of Medicine and Law
2022 Volume.30 No. 1 p.69 ~ p.98
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A Study on the American Immunization Damage Compensation System -Focusing on the Federal Vaccine Compensation System (NVICP) and Disaster Response Compensation System (CICP)-
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Kim Jae-Sun
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Abstract
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The National Vaccine Injury Compensation Program(NVICP) has articulated in 1986 involving (i) no-fault compensation, (ii) Strengthening the herd immunity system through vaccination of infants and children, (iii) providing legal protection for vaccine producers to provide vaccine actively. Moreover, NVICP required (i) obligation of reporting and monitoring to medical institutions in case of side effects after vaccine administration, (ii) Compensation through the Federal Vaccine Damage Compensation System (NVICP) in case of adverse events. NVICP provids compensation standards as “more likely than not caused or significantly aggravated” of adverse effect, in fact, the Vaccine Injury Table stipulates that if symptoms occur within a certain time after vaccination, people are eligible for vaccine damage compensation. Moreover, compensation due to vaccination is funded by the Vaccine Injury Compensation Trust Fund. Moreover, most of the funding comes from the US Senate budget and a special excise tax levied on vaccine sales (about 75 cents per dose). Moreover, Countermeasures Injury Compensation Program(CICP), enacted in 2010, applies when pandemic, epidemic or in the event of a disease that may threaten national security, which expedites the approval of vaccines, drug treatments, and medical devices as a countermeasure for diagnosis, prevention, and treatment and dissemination to the public. The CICP applies when it is included in the federal disaster category issued by the U.S. Department of Health (HHS). As a compensation requirement, if an individual submits a CICP application form, the administrative agency determines eligibility as a claimant and whether or not the damage is eligible for compensation and compensation. amount will be assessed. Unlike NVICP, CICP is based on the Disaster Response Act, and within one year, you can claim compensation for items (diseases) and recognized injuries that fall under “serious bodily injury or death”.
The NVICP could be referenced to as a vaccine compensation jurisprudence in that it increases the reliability and predictability of law enforcement by specifying the claimant, the subject of claim and the period while expanding the scope of national liability. In particular, we propose screening standards for causality, but use the vaccine damage table to determine whether or not to pay compensation and the amount of compensation, and a special examiner appointed by the court is in charge of the review, so the reliability and transparency of the compensation system for vaccinations It is thought that the US system can be referred to in Korea as well. CICP is a special type of disaster response plan that is applied when special disasters such as infectious diseases or diseases that may threaten national security are prevalent. Since the establishment of the system in 2010, only 29 cases out of a total of 701 cases have been compensated. Considering that the possibility of compensation is very limited in the CICP system, even in a disaster situation, at least in case of serious damage affecting the life of the people, the possibility of compensation needs to be considered.
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KEYWORD
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COVID-19, vaccination, damage compensation system, NVICP, CICP
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