Pandemic Timeline

Switzerland removes vaccine liability protections

Switzerland No Longer Recommends Covid Jabs, Declares that All Liability Rests w/Doctors

In a surprising move, the Federal Health Agency quietly moved towards a kind of resolution of the jab conundrum; while a good thing, it’s also a far cry from any kind of reckoning.

Epimetheus

Actually, it does not appear to be entirely correct that all liability rests with the doctors. In the latest statement on coronavirus vaccination, the jab manufacturers are listed first in the section stating who is liable.

In principle, no COVID-19 vaccination is recommended for spring/summer 2023. People at especially high risk can receive a vaccination following an individual consultation with their doctor.

Who is liable for any vaccination damage?

The usual liability rules that apply to other medicinal products and vaccines also apply to the COVID-19 vaccination. Liability for vaccination damage could fall to the vaccine manufacturer (product liability), the vaccination centre (agent’s contract liability or state liability) or, on a subsidiary basis, the federal government.

The federal government can only pay compensation for vaccination damages for vaccinations recommended or ordered by the authorities. However, the federal government will only pay compensation for damages that are not otherwise covered (subsidiary liability). In other words, a person suffering damages is only entitled to compensation if the damage has not already been covered, for example, by the vaccine manufacturer (product liability), the person administering the vaccination (medical liability) or by social or private insurance.

Federal government compensation is thus intended to mitigate the consequences for those affected if third parties, such as the person administering the vaccination or the vaccine manufacturer, are not liable. Entitlement to compensation from the federal government will be assessed in each individual case.

Federal Office of Public Health [Switzerland]

Now that the pandemic public emergency has been lifted, other countries could make similar declarations.  Not only are adverse events detrimental and costly, but pinning down liability and compensation for them has so far proved to be difficult.  A statement about who pays if something goes wrong should be part of informed consent.  I would go so far as to suggest that any such statement be provided to you in writing on paper.  Check your local public regulations if you choose to get additional COVID-19 jabs.

I find the move toward paperless medical contracts and consents to be highly concerning.  Signatures on legal documents of this high level of importance and consequence should always be rendered on paper, with copies provided to all parties, in my opinion.

Without liability protections and with the current [lack of] safety profile, it is possible that the manufacturers will pull the jabs out of Switzerland entirely. Watch for this.

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