Such a procedure is initiated by an application that is submitted to the Federal Office for Social Affairs and the Disabled (BASG). The BASG must first decide whether there is a substitutable vaccine damage. In the event of a dispute, the case then goes to the administrative courts. So far, most of the decisions at the BASG are still pending, reported the Wiener Newspaper. However, three cases in connection with corona vaccinations have already been rejected.
However, only damages that exceed a certain materiality threshold are liable to pay compensation. Fever, headache, or other mild to moderate vaccine reactions are not included. “Short-term and normal vaccination sequences such as tiredness and pain at the injection site are not subject to compensation”, quoted the newspaper lawyer Andreas Eustacchio.
On the other hand, if the vaccination results in serious bodily harm or damage with permanent consequences, the federal government must be liable. The treatment and rehabilitation costs are eligible for compensation, and a pension for the injured, widow or orphan can also be awarded. According to the Ministry of Health, there must be a “likely link” between vaccination and harm for the claim to be granted. In its case law, the Administrative Court speaks of a “probability of causality”. Medical reports usually play an important role. In many cases, the time frame will be decisive, Eustacchio was quoted further: “That could be a big point of contention.”
Vaccine-induced thrombotic thrombocytopenia (VITT), which has so far occurred in very rare cases, could be considered a corona vaccine damage. So far, the BASG has seen two deaths in connection with the vaccination and assigned them to the clinical picture of a VITT. Cases of myocarditis can also be compensated if they are accompanied by serious consequences. “Such cases can of course fall under the Vaccination Damage Act,” said Eustacchio. As of November 25, a total of 13,414,350 vaccine doses against Covid-19 had been administered across Austria. (APA / red)
