by Kra. Lourdes Weht Elisiri (Chinni, Saleme, Bugner & Associates)
A joint resolution of the Ministry of Health and the Superintendence of Occupational Risks Defined the process of compensation for damages caused by coronavirus vaccines.
Law 27,573 approved in October 2020 is called the “Law of Vaccines Designed to Generate Acquired Immunity Against Covid-19” declared in its art. Public interest in the research, development, manufacture and acquisition of vaccines aimed at generating acquired immunity against COVID-19 within the framework of the health emergency established by Law 27,541 and extended by Decree 260/20. This is all because of the pandemic that WHO declared for the above disease.
At the same time, in July 2021 DNU 431 established the creation of a COVID-19 Repair Fund, intended to compensate people who suffered physical health damage that was a direct result of vaccination.
This fund is used to compensate people in different countries who are suddenly harmed by getting the Kovid vaccine.
Victims must file an official complaint and the medical board verifies whether there is a real connection between the damage and the application of the vaccine.
The SRT will be in charge of processing compensation claims with medical commissions evaluating each case. Damage must first be notified through SISA (Argentina Integrated System of Health Information) by health workers who take care of the alleged victim or who become aware of the incident.
To do this, a file must first be completed at the SISA, where the Alleged Adverse Event for Vaccination and Immunization (ESAVI) is recorded.
in the second place, Anyone who considers himself injured should present himself before the SRT with his request supported by medical personnel., This presentation is done through the distance procedure platform before the medical commissions dependent on the SRT. Along with the approved application, a DNI and COVID-19 vaccination certificate must be submitted. The said certificate can be obtained in the application “Mi Argentina”.
For this, the medical commission of the jurisdiction that matches the address appearing in the DNI of the victim is competent, Being able to be presented by a third party with corresponding recognition of the character of its representative and in the case of deceased persons, confirming convenient validity.
If the medical commissions do not confirm the requirements, the request will be denied and the demonstrator will be notified.
Once the requirements are met, the management of the medical commissions will be the one that will forward the action to the Directorate for Control of Vaccine-Preventable Diseases (DICEI) of the Ministry of Health.
As for the third point, Notice of incident in SISA must be verified. If it was not registered in the system, it should be sent again to the management of medical commissionss, within which the petitioner must seek compliance with the registration within 5 business days. If the deadline is not met, the request will be archived and the process must be restarted.
If, on the other hand, it was correctly registered in the system, it would be the DiCEI that would request the National Commission on Vaccine Safety (CONASEVA) to verify the connection between the claimed event and the vaccine.
CONASEVA may require the applicant to provide medical studies it deems appropriate to verify the claim. When the investigation is complete, the commission should issue a report linking the claimed facts to the vaccine.
This would be received by DICEI, included in the file and re-sent to the Management of Medical Commissions for intervention to the Medical Commission of the jurisdiction.
There can be two possibilities: CONASEVA concluded that there is no association between the adverse event and the vaccineTo inform the petitioner above. Or you can conclude that there is a causal relationship between the damage and the vaccine. In this case, it will be the medical commission that establishes the percentage of disability, notifying its decision.
The Administrative Management Secretary of the Ministry of Health is the one who informs about the availability of payment based on the percentage of disability established by the Medical Commission in respect of the damage caused to the victim.
- The DNU established the creation of a COVID-19 Reparation Fund, aimed at compensating those who caused damage to their physical health that was a direct result of vaccination.
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