in PharmaNetwork Magazine, n°47
Vaccine against Covid-19: What are the liabilities in the event of a side effect?
Introduction – The current pandemic has triggered a frantic struggle to find “the” vaccine that may resolve the sanitary crisis on a global basis. However, the accelerated and derogatory process in which this competition takes place raises fears of non-mastered side effects, for which several stakeholders may be found liable, more especially the vaccine manufacturer. Specific exceptions of French law may apply (some of which are derived from EU law), which may enable them to get exempted from their liability. Previous case law may serve as a basis of comparison to handle potential litigation cases with a different vision between Civil and Administrative Courts. However, the legal situation today is unclear as questions remain unanswered including if the vaccine becomes compulsory for the sake of public health.