Study on Vaccine Injury Compensation Program in the United States and Its Enlightenments for China
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Study on Vaccine Injury Compensation Program in the United States and Its Enlightenments for China
China PharmacyVol. 31, Issue 10, (2020)
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Published:2020,
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WANG Yifang, YANG Yue. Study on Vaccine Injury Compensation Program in the United States and Its Enlightenments for China. [J]. China Pharmacy 31(10).(2020)
DOI:
WANG Yifang, YANG Yue. Study on Vaccine Injury Compensation Program in the United States and Its Enlightenments for China. [J]. China Pharmacy 31(10).(2020)DOI:
Study on Vaccine Injury Compensation Program in the United States and Its Enlightenments for China
OBJECTIVE:To provi de reference for establishing and improving the compensation system for vaccination abnormal reaction in China. METHODS :By adopting the method of literature research ,the background ,institutional elements (including management system ,financing mode ,compensation scope ,compensation application conditions ,compensation expense type and standard )and operation mechanism (including the litigation participants of compensation application ,the judgment path of causality between injuries in and out of the list of Vaccine Injury Table ,and the litigation procedure of compensation application) of Vaccine Injury Compensation Program (VICP) in the United States were summarized comprehensively. Its implementation performance ,obstacle and deficiencies were evaluated ,and suggestions were put forward for the establishment and improvement corresponding compensation system in China. RESULTS & CONCLUSIONS :VICP management system of the United States composed of the U.S. Department of Health and Human Services (HHS),the U.S. Federal Claims Court ,and the U. S. Department of Justice. VICP adopts special fund compensation mode ,and vaccine consumption tax is levied on vaccine enterprises to establish a vaccine injury compensation trust fund ;through the establishment and continuous revision of Vaccine Injury Table ,compensation application and other procedures ,combined with the trial advantages of its judicial system ,a complete set of “no fault ”compensation mechanism is provided for vaccine victims. There were obstacle and deficiency such as compensation time out of expectation ,obscure revision standard of Vaccine Injury Table in VICP ,but it achieved the dual legislative goals of fully compensating vaccine victims and promoted the effective supply of vaccines by vaccine enterprises. Drawing on the experience of VICP in the United States ,and based on the provisions of Article 56 of the Vaccine Administration Law of China ,it is suggested to establish and improve the compensation system for vaccination abnormal reaction in China and maintain the public ’s confidence in vaccination from six aspects ,i.e. exploring the establishment of fund compensation mode , entrusting a third party to provide compensation services ,implementing the compensation catalogue and its adjustment mechanism , resetting the compensation application procedure ,establishing two compensation paths within and outside the catalogue ,and scientifically setting compensation standards.