Medical law: legal assistance in vaccine dispute case against the Ministry of Health

Magnusson Latvia Associate Ernests Valainis is representing a client in a dispute with the State Agency of Medicines and the Ministry of Health regarding compensation for severe damage to a patient’s life caused by an adverse reaction to the Covid-19 vaccine. The Cabinet of Ministers Regulation No 272, which sets out the requirements and procedures for requesting and granting compensation for severe or moderate damage caused by confirmed adverse reactions to the Covid-19 vaccine, entered into force on 7 May 2022.

However, to receive compensation, the patient must have certain medical documentation that allows the State Agency of Medicines to assess the harm caused to the patient and the causal link. The patient in question died before the regulation came into force, and there is a dispute regarding the establishment of causality and the lack of necessary documentation. State Agency of Medicines and the Ministry of Health expressed that when applying for compensation for damage to health, the patient or their representatives must also be able to foresee the likelihood of fatal consequences in the process of granting compensation.