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Smallpox vaccination of Regional Response Groups
Indemnity/compensation information
Indemnity
Health professionals administering the vaccine will be doing so in the course of their employment or otherwise in the course of providing services to persons to whom NHS bodies owe a duty of care. The actions of those staff will therefore be covered by the Clinical Negligence and Other Risks Indemnity Scheme (CNORIS). The employing NHS bodies would accept full financial liability where any negligent harm occurs to a recipient of the vaccine as part of the programme, or where any negligent harm occurs to an NHS patient as a result of vaccination (for example, if an NHS patient is negligently infected with the live vaccinia as a result of contact with a vaccinee).
Compensation
The Scottish Executive will provide compensation to any member of the cohort, or any family or other member of their household, if they suffer serious injury of an enduring and disabling nature as a result of receiving smallpox vaccine, notwithstanding the absence of any legal commitment or liability. The detailed principles and guidelines in accordance with which compensation would be made are to be set out in the
Compensation scheme; these will include provision for the amount of any payment to be broadly comparable with the amount of damages commonly awarded for similar injuries by a Scottish Court (including sums representing compensation for pain and suffering, the cost of care and the loss of earnings).
HIV testing
The Association of British Insurers advise that 'Insurance companies should not ask whether an applicant has taken an HIV or hepatitis B or C test, had counselling in connection with such a test, or received a negative test result. Doctors should not reveal this information when writing reports and insurance companies will not expect this information to be provided. Insurers may only ask whether someone has had a positive test result, is awaiting a test result, or is receiving treatment for HIV/AIDS or hepatitis B or C.'
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