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Smallpox vaccination of Regional Response Groups
Compensation scheme
Scottish Ministers hereby provide a written statement that, despite the absence of any legal obligation to pay compensation, they will adopt the following principles and guidelines in the event that a volunteer participating in the smallpox vaccination of Scottish Response Groups suffers injury attributable to the administration of smallpox vaccine. (Scottish Ministers may amend the statement from time to time as he considers appropriate; and shall inform the volunteers of any such amendment.)
Basic principles
1. Compensation would be paid to a volunteer or member of their household suffering bodily injury (or executor, in the case of death) in accordance with the principles and guidelines set out here.
2. Compensation should be paid when, on the balance of probabilities, the injury was attributable to the administration of smallpox vaccine as part of the smallpox vaccination of Scottish Response Groups.
3. Compensation should be paid regardless of whether:
(a) the volunteer or household member is able to prove that,
(i) Scottish Ministers or NHS health professionals acting on their behalf have been negligent in relation to the smallpox vaccination of Scottish Response Groups or
(ii) the product is defective;
(b) the adverse reaction causing the injury was foreseeable or predictable; or
(c) the volunteer has freely consented, whether in writing or otherwise, to the vaccination.
Limitations
4. Compensation should be paid only for serious injury of an enduring and disabling nature (including the exacerbation of an existing condition) and not for temporary pain or discomfort or less serious or curable complaints.
5. No compensation should be paid (or the amount paid should be reduced, as the case may be) to the extent that the injury arises from:
(a) the negligent acts or omissions of a third party including a failure on the part of a doctor or other health care provider to deal adequately with an adverse reaction: or
(b) the contributory negligence of the volunteer.
Assessment of compensation
6. The amount of compensation paid should be appropriate to the nature, severity and persistence of the injury and should in general terms be consistent with the quantum of damages commonly awarded for similar injuries by a court in Scotland in cases where legal liability is admitted or proved.
7. The amount of compensation paid will take account of state or in-service benefits or other relevant sums awarded as a result of the injury attributable to the administration of smallpox vaccine.
8. In any case where Scottish Ministers accept that a payment should be made to a volunteer or a member of their household, but there is a disagreement between Scottish Ministers and the volunteer or household member as to the appropriate amount of compensation payable, Scottish Ministers would consider the appointment of an independent expert, acceptable to both parties or at the discretion of Scottish Ministers if the two parties cannot agree, to give an opinion on the amount that should be paid.
9. Scottish Ministers would meet the costs of any independent expert opinion provided in accordance with paragraph 8 and a copy of the opinion would be made available to the volunteer or household member.
Miscellaneous
10. Claims for compensation under this document should be made to Scottish Ministers, setting out the details of the nature and background of the claim. Relevant medical evidence should be included.
11. Scottish Ministers would consider claims expeditiously, subject to the volunteer claiming compensation providing on request an authority for Scottish Ministers to review any medical records relevant to the claim.
12. Nothing in this document affects the rights of a volunteer or member of a volunteer's household to pursue a legal remedy in respect of any injury alleged to have been caused by smallpox vaccination.
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