Adverse reaction compensation scheme (FOI)

Request

Please advise when and where it was agreed that Jersey would not have its own adverse reaction compensation scheme set up.

Also, why were people told to contact the UK for this when the Government of Jerey knew that, if someone had been vaccinated in Jersey, they did not qualify?

Please advise why was nothing set up for people damaged by the vaccination AstraZeneca?

Response 

Information on this subject was provided in a response to a question posed in a letter of 14 December 2020 from the, then, Chair of the Health and Social Security Panel to the, then, Minister for Health and Social Services which can be found on the States Assembly website via the link below:

2020.12.14 Letter to MHSS re COVID-19 Vaccine Delivery (statesassembly.gov.je)

The, then, Minister for Health and Social Services responded in a letter of 18 December 2020 “The Vaccine Damage Payment Scheme does not apply in Jersey and Jersey has no equivalent scheme currently” – Please see the following link: 

2020.12.18 Letter from MHSS re COVID-19 Vaccine (statesassembly.gov.je)

Should the COVID-19 vaccine cause a Jersey resident to suffer any kind of injury as a result of unforeseen side effects (rather than negligent administration of the vaccine itself), it is possible that a claim would be made against the Government of Jersey, as well as the manufacturer or supplier of the vaccine. If the Government of Jersey is sued in such circumstances, they would seek to pass on such a claim to the UK Government in accordance with an indemnity received from them. The claim would be dealt with, and damages assessed, in the same way as any other personal injury claim where the payment is not fixed but is assessed by reference to the nature of the injury, and the consequences for the individual.

The Government is aware that a very small number of individuals who received a vaccine in Jersey have been referred to the UK’s Vaccine Damage Payment Scheme (VDPS) by vaccine manufacturers in the past however, regrettably, those who may have suffered harm caused by a vaccine against COVID-19 administered in Jersey are not eligible to apply via the VDPS under the Vaccine Damage Payments Act 1979.

In response to an oral question in the States Assembly on 21 March 2023, the Minister for Health and Social Services announced that: “the Government have been actively engaging with the UK Government to explore options for enabling those who may have been harmed by a vaccination against COVID-19, which has been administered in Jersey, to access a non-statutory assistance scheme and this work is ongoing to develop that”. Please see the following link: 

Oral Question 41-2023.pdf (statesassembly.gov.je)

The Government has been holding positive discussions with UK counterparts to enable Jersey residents to access the VDPS.  At present, it appears a route may be established before the end of 2023.  Further details on the scheme will be released as soon as they are available.