Important decision
The Constitutional Court has rejected a proposal by the Supreme Court that sought to open up a wider scope for compensation for personal injury after vaccination against covid-19. The law still retains the condition that compensation is only possible in the case of “particularly serious” personal injury; the court is expected to publish a detailed justification at a later date.
The Supreme Court’s proposal was based on a specific case involving a man who developed myocarditis in 2022 shortly after his third dose of vaccination. He claimed about eight million crowns (mainly for social disability), but the district court and the court of appeal dismissed the claim – because, according to the medical reports, the legal threshold of “particularly serious” consequences (typically long-term life threat, severe disability, etc.) was not met. The Supreme Court therefore stayed the proceedings and turned to the Constitutional Court in an effort to remove the disputed words from the statute so that the courts could consider just compensation on a case-by-case basis.
However, the Constitutional Court rejected the petition – according to the information available, partly because the petitioner was not entitled to part of the petition, and partly because it was manifestly unfounded. The practical implications are clear: those seeking compensation for the consequences of the covid-19 vaccination must continue to “pass through” the strict sieve of particularly serious harm. When the CA completes its written reasons, the Supreme Court will return to the stayed appeal and rule on the specific case.
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