[ 4 décembre 2024 ]
Health law
Details on compensation for damages attributable to compulsory vaccinations
Through three judgments rendered on November 7, 2024, the Council of State provides expected clarification on the conditions for incurring State liability in the event of compulsory vaccination.
CE Nov 7 2024, n° 472707 A
CE Nov 7 2024, n° 472625 B
CE Nov 7 2024, n° 466288 B
These three judgments allow the Council of State to establish for the judges of the fund a “instructions for use” on the conditions for incurring State liability in the event of compulsory vaccination. So when judges are seized of an individual dispute relating to compensation for the consequences for the person concerned of a compulsory vaccination, it is up to them:
– initially, not to investigate whether or not the causal link between vaccination and the condition presented is established, but to ensure, in view of the latest state of scientific knowledge debated before them, that there is no probability that such a link exists ;
– ensuiteto consider two possibilities: – eitherafter this examination, they note that there is no no probability that such a link exists, they then reject the request, – eitherin the opposite hypothesis, they proceed to examine the circumstances of the case and then retain the existence of a causal link between the compulsory vaccination undergone by the victim and the symptoms that she felt yes these appeared, after vaccinationin a normal delay for this type of affection, or are worsened at a rate and magnitude that was not predictable in view of his previous state of health or his history etmoreover, that these symptoms cannot not be considered as resulting from a other cause than vaccination.
■ Non-zero probability of the existence of a causal link between the administration of the mandatory hepatitis B vaccine containing adjuvants based on aluminum salts and macrophage myofasciitis (neurological disease induced by aluminum hydroxide). aluminum used as an adjuvant in certain vaccines) and normal time for symptoms to appear, State responsibility: CE Nov 7 2024, n° 472707 A
A man received, on a compulsory basis, during his national service, several injections of the vaccine against the hepatitis B virus containing adjuvants based on aluminum salts. He then suffered a few months after the last injection from problems consisting of muscle pain, and a state of shortness of breath and generalized fatigue. These disorders worsened and led to several hospitalizations, to which were added cognitive disorders. He therefore requests the conviction of the State in order to be compensated for the damage he considers to have suffered following this compulsory vaccination.
In this case, “the probability of the existence of a causal link between the administration of a vaccine containing adjuvants based on aluminum salts and the symptoms of muscle and joint pain, asthenia and cognitive disorders likely to be linked to macrophage myofasciitis cannot, in the latest state of scientific knowledge, be considered as excluded ». The time to onset of symptomsless than one year, can be considered normal for a condition linked to macrophage myofasciitis and characterized by the symptoms manifested by the person concerned.
It follows that, in the circumstances of the present case, the causal link between vaccination against hepatitis B and the symptoms must be regarded as established. The State’s responsibility is therefore engaged under the provisions of Article L. 62 of the National Service Code.
■ Non-zero probability of the existence of a causal link between the administration of the mandatory hepatitis B vaccine containing adjuvants based on aluminum salts and macrophage myofasciitis and time to onset of symptoms exceeding the time limit normal : CE Nov 7 2024, n° 472625 B
A nurse from a hospital center arreceived injections of several vaccines (against hepatitis B, diphtheria, tetanus and poliomyelitis) on a compulsory basis, due to his professional activities. More than five years later, she experienced various problems which she attributed to this vaccination, linked to macrophage myofasciitis subsequently diagnosed. If the probability of the existence of a causal link between the administration of a vaccine containing adjuvants based on aluminum salts and the symptoms of muscle and joint pain, asthenia and cognitive disorders likely to be linked to macrophage myofasciitis cannot, in the latest state of scientific knowledge, be considered excluded. The five-year period observed between the vaccination in question and the appearance of symptoms cannot be considered as a normal period which would allow a link to be established between vaccination and macrophage myofasciitis when the available studies indicate an average period of between one and two years between vaccination and the first clinical signs of this pathology. Thus, the causal link between vaccinations and the pathology cannot be considered as established.
■ Probability cannot be excluded that there is a causal link between administration of the hepatitis B vaccine and multiple sclerosis: CE Nov 7 2024, n° 466288 B
A woman received several injections of the hepatitis B vaccine, as a requirement in order to become a hospital service worker. About a year later, she was diagnosed with multiple sclerosis. The judge of cassation exercises in this case a control of the legal classification of the facts on the assessment that there is no probability that a causal link exists between the administration of a compulsory vaccine and a condition presented by the vaccinated person. Thus, if no causal link has been established to date between the administration of the hepatitis B vaccine and multiple sclerosis, the hypothesis that such a link exists has been considered by research work. scientists which have given rise to publications in recognized journals which have justified particular vigilance by health authorities, and has not been formally contradicted by the numerous studies relating to this subject. Therefore, in view of the latest state of scientific knowledge under debate, the probability of the existence of a link between the administration of the hepatitis B vaccine and multiple sclerosis cannot be regarded as excluded.
