The Tribune

By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

PEOPLE who allegedly suffer loss or injury after taking COVID-19 vaccines will have one year to send their claim for compensation to a specially created, five-member tribunal that will assess their case, according to new rules tabled in the House of Assembly yesterday.

Applications must include the date and location of the administration of the medicine, the full details of the loss or injury suffered, and the occupation and place of employment of the person suffering the loss or injury.

It must also be accompanied by available documentary evidence.

The tribunal will determine if people are eligible for aid and, if so, how much.

“In making a determination under this section, the tribunal shall make a determination based on compelling, reliable, valid, medical and scientific evidence provided by the applicant,” the rules say. “A decision by the tribunal shall be final.”

According to the Health Services (COVID-19) (Aid for Loss of Injury) Rules 2021, people eligible for aid could be awarded general damages, special damages and “such other damages as the tribunal may consider just”.

“Any aid payable to an applicant shall, in respect of general damages, be fixed according to the type of loss in respect of personal injury suffered; and special damages, be determined on a case-by-case basis,” the rules say.

“Where a person receives aid pursuant to these rules, the receipt thereof shall constitute a full waiver and release of any further liability in respect of the medicine administered.”

The tribunal will consist of a medical practitioner, a pharmacist, a retired justice of the Supreme Court nominated by the chief justice, a public officer designated by the financial secretary and “a person with such qualifications, expertise or experience in the finance or insurance industry as would, in the opinion of the minister, enable them to make a contribution to the performance of the tribunal’s functions.”

Loss or injury is defined as “all damages, losses and liabilities, including claims for death, physical, mental, or emotional injury, illness, disability, or condition, fear of the foregoing property loss, or damage, or business interruption.”